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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints restructuring and insolvency partner in Sydney January 14, 2019

Monday 14 January  Maddocks has appointed its second new partner in a month with the appointment of Danielle Funston. Danielle is a restructuring and insolvency lawyer who advises clients on recoveries, liquidations, corporate restructuring and … Continued

Latest Article

Made in Australia: Tightened restrictions on the use of country of origin labels January 14, 2019

The recent decision of Nature’s Care Manufacture Pty Ltd v Australian Made Campaign Limited by the Federal Court of Australia has provided much needed guidance on the requirements for ‘Made in Australia’ and other country … 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