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Providing innovative procurement solutions for local government projects April 20, 2018

We advised City of Casey on the procurement process of the Bunjil Place Project. Bunjil Place is a $125 million civic and cultural precinct for the City of Casey, encompassing an 800-seat theatre and 200-seat … Continued

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In good hands: Maddocks advises on physio business acquisition April 11, 2018

Wednesday 11 April 2018 Maddocks has advised Zenitas Healthcare Limited on its acquisition of the Agewell Physiotherapy business. Agewell is a mobile physiotherapy provider servicing residential aged care facilities, retirement villages and communities in New … Continued

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The right to use plans prepared by a design consultant: the devil is in the detail April 11, 2018

When a design consultant (such as an architect or engineer) brings their plans or designs into material form, copyright will usually subsist in those documents as an artistic work. The designer owns that copyright unless … 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