First workplace manslaughter in Australia

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First workplace manslaughter in Australia

R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113

In our February 2020 issue of In Brief, we discussed how two further Australian jurisdictions (Victoria and the Northern Territory) had passed workplace manslaughter laws. Now, Australia has had its first workplace manslaughter sentence. The sentence was imposed in Queensland, pursuant to workplace manslaughter laws, which have been in force since 2017 following an amendment to Queensland’s Workplace Health and Safety Act 2011.

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Crown immune from liability for Psa outbreak

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Crown immune from liability for Psa outbreak

Attorney-General v Strathboss Kiwifruit Limited [2020] NZCA 98
In this recent decision, the Court of Appeal found that the Crown was immune from liability to kiwifruit growers and post-harvest operators in negligence for granting an import permit for a consignment of kiwifruit pollen from China and for not inspecting those goods when they arrived in New Zealand. Further, even if the immunity had not been made out, the Court found no duty of care in any event.

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Clarifying fiduciary obligations in a joint venture arrangement

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Clarifying fiduciary obligations in a joint venture arrangement

Daisley v Ark Contractors Limited [2020] NZHC 793

Fee Langstone was recently involved in a High Court trial which has shed light on the fiduciary duty that arises from a joint venture arrangement. It also usefully affirms the requirement that there be a contract of retainer or assumption of responsibility to a party involved in a transaction before a lawyer will owe fiduciary duties to that party.

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Covid-19 Test Case to Proceed Urgently

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Covid-19 Test Case to Proceed Urgently

UK Financial Conduct Authority to bring COVID-19 test case for business interruption claims
The COVID-19 pandemic has been a hugely significant worldwide event. The pandemic and subsequent government controls have caused many businesses – in particular SMEs – distress and substantial losses. Most claims for COVID-19-related business interruption (BI) losses have been excluded in New Zealand because BI policies here generally do not cover losses resulting from pandemics. This is not always the case in other parts of the world.

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