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Articles

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right to demand data about them be deleted from a search engine if, among other grounds, consent to hold the data has been revoked and the data is ...
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7 Oct 2020
Australian Privacy Regulator Takes Facebook to Court
Facebook is being sued by the Australian Information Commissioner for a breach of the Privacy Act (1998) (Cth) (Privacy Act).
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30 Sep 2020
The Harman Undertaking and Publicly Available Pleadings
In Jones v Treasury Wines Estates Limited: In the Matter of Treasury Wine Estates Limited (No 4) [2020] FCA 1131, the High Court of Australia ruled that the Harman undertaking did not apply to publicly available pleadings containing information taken from discovered documents (being information ordi ...
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28 Sep 2020
Insurer’s rights to oppose disclosure of insurance policies in class action proceedings
In the substantive class action proceedings, the applicant, Evans, sought payment in the sum of approximately $47.6 million plus interest from the respondent, Davantage, and its holding company. Davantage, however, was in a less than ideal financial position to meet any judgment, with net assets of ...
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