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Articles

5 Jan 2021
COVID-19 virtual company meetings and electronic execution of documents
2020 has been a year that has required rapid adaptation, both in the law and otherwise. In particular, the COVID-19 pandemic has provided challenges for companies to execute documents and for officers, shareholders, or members of a registered scheme to meet face-to-face for meetings.
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5 Jan 2021
Responsibilities of Directors
Suppose your clients are directors of their own businesses. In that case, they should ensure that they comply with general and specific laws applying to their Company’s operations and have regard to the interests of creditors if the Company is insolvent or bordering on insolvency.
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16 Dec 2020
AFCA or the Court?
In a recent decision of the Supreme Court of NSW, Stevenson J considered whether the Australian Financial Complaints Authority (AFCA) had the authority, jurisdiction or power to deal with complaints arising from the conduct of a representative of DH Flinders Pty Ltd (DH Flinders), a holder of an Aus ...
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25 Nov 2020
COVID-19; More than a Hiccup for Insurers
The NSW Court of Appeal in HDI Global Specialty SE v Wonkana No 3 [2020] NSWCA 296 has ruled that insurers cannot rely on exclusion clauses referring to the Quarantine Act (as opposed to the Biosecurity Act) to avoid coverage for losses cause by COVID-19.
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25 Nov 2020
Unfair consumer law?
The Assistant Treasurer announced that the Commonwealth and state and territory governments have agreed to strengthen existing unfair contract term (UCT) protections in the Australian Consumer Law...
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19 Nov 2020
Shareholder class action dismissed after full trial - Crowley v Worley
On 22 October 2020, for the first time, a shareholder class action was dismissed after a full trial in the Federal Court of Australia.
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6 Nov 2020
Insurance Policies vs Expectations – The Opal Tower incident
On 19 October 2020, the Federal Court of Australia handed down its decision in Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch trading as Liberty Specialty Markets [2020] FCA 1493.
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23 Oct 2020
The hidden price when providing incorrect information for life insurance
Catriona Smith v OnePath Life Limited [2020] NSWSC 1185 (Smith) presents another reminder that persons seeking insurance cover must reasonably adhere to their disclosure obligations owed to their insurer when incepting an insurance policy.
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20 Oct 2020
Business Interruption Insurance Cover For Covid-19 – The Current State Of Play
Business interruption policies (for example Industrial Special Risks policies) generally cover damage to business premises, loss of profit and/or additional expense consequent upon that physical loss.
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19 Oct 2020
The Right to be Forgotten
The ‘right to be forgotten’ stems from the 2014 decision in the landmark ‘Google Spain’ case. This case found that European Union (EU) citizens have the right to demand data about them be deleted from a search engine if, among other grounds, consent to hold the data has been revoked and the data is ...
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