About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

Latest News

Strong signals: Maddocks advises on television broadcast services outsourcing October 10, 2018

Wednesday 10 October 2018 Maddocks has advised NPC Media on its deal to provide playout services for Southern Cross Austereo’s 105 television broadcast signals through NPC Media’s new playout centre. NPC Media is a joint … Continued

Latest Article

When being natural can be misleading: recent consideration of organic product claims October 15, 2018

Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued

‘Noted’ versus ‘Named’ – Is there a difference?

‘Noted’ versus ‘Named’ – Is there a difference?

Do tenderers ever meet council’s insurance requirements?!

For example, many Australian Standard form contracts require that public liability insurance be taken out in the joint names of the principal and contractor. In our experience, this requirement is often resisted by contractors who say that the relevant insurance cannot be effected in joint names and the only option is to note the interests of the principal.

Luckily, this may not be the end of the world. Being noted (versus named) on a policy can still allow councils to claim on that policy.

This is because section 48 of the Insurance Contracts Act 1984 (Cth) entitles a person noted on the policy to make a claim on the policy for a loss.

Practically, whether or not Council should accept being noted only (vs named) will depend on the circumstances of each transaction.

What does your council do when a tenderer resists your council’s required insurance?  What steps do you take before you agree to your council being noted on a contractor’s insurance policy?

Authors:
Louisa Nuccitelli | Senior Associate
61 3 9258 3591
louisa.nuccitelli@maddocks.com.au
Kathryn Sutherland | Lawyer
61 3 9258 3692
kathryn.sutherland@maddocks.com.au

‘Noted’ versus ‘Named’ – Is there a difference?

Do tenderers ever meet council’s insurance requirements?!

For example, many Australian Standard form contracts require that public liability insurance be taken out in the joint names of the principal and contractor. In our experience, this requirement is often resisted by contractors who say that the relevant insurance cannot be effected in joint names and the only option is to note the interests of the principal.

Luckily, this may not be the end of the world. Being noted (versus named) on a policy can still allow councils to claim on that policy.

This is because section 48 of the Insurance Contracts Act 1984 (Cth) entitles a person noted on the policy to make a claim on the policy for a loss.

Practically, whether or not Council should accept being noted only (vs named) will depend on the circumstances of each transaction.

What does your council do when a tenderer resists your council’s required insurance?  What steps do you take before you agree to your council being noted on a contractor’s insurance policy?

Authors:
Louisa Nuccitelli | Senior Associate
61 3 9258 3591
louisa.nuccitelli@maddocks.com.au
Kathryn Sutherland | Lawyer
61 3 9258 3692
kathryn.sutherland@maddocks.com.au