Allens

26 April 2013

The Federal Government has recentlylimited the regulation of litigation funding to an obligation to have adequate arrangements in place to manage conflicts of interest. In the latest chapter in this continuing story, ASIC has released a Regulatory Guide that 'fleshes out' what it considers funders must do to comply with that obligation. Partner Jenny Campbell and Senior Associate Mark Hare report.

05 April 2013

In its first decision addressing proportionate liability in detail, the High Court has suggested a relatively broad approach to identifying 'concurrent wrongdoers'. This will be welcomed by professional advisers and their liability insurers. Partner Andrea Martignoni, Senior Associate Andrew Byrne and Lawyer Sally Keenan report.

21 December 2012

In a decision that is good news for insurers, directors and other professionals in Australia, the New Zealand Court of Appeal has overturned the first instance decision in Bridgecorp, finding the directors were not prevented from having recourse to their D&O policy for cover for their defence costs. Partner Malcolm Stephens, Senior Associate Jonathan Light and Lawyer David Rountree report on this important development.

30 November 2012

Significant changes to insurance contracts law are proposed in exposure draft legislation released by Treasury. Previously proposed legislation lapsed due to the last federal election and this new Bill retains many of its amending measures, with some refinements. Partner John Morgan and Senior Associate Amanda Taylor explain.

16 November 2012

The NSW Supreme Court recently declined to grant leave to join an insurer to proceedings under section 6 of the Law Reform (Miscellaneous Provisions) Act where the 'wrongful act' occurred before the inception of policy. Partner Malcolm Stephens, Senior Associate Jonathan Light and Law Graduate David Rountree report on the court's interpretation of this important section.

05 November 2012

An insurer declined to indemnify an insured under a professional indemnity policy. The insured was bankrupt and incapable of contesting the insurer's decision. A third party subsequently commenced proceedings against the insured and sought to join the insurer so as to enable it to dispute that insurer's decision not to indemnify the insured. Partner Michael Quinlan, Senior Associate Jonathan Light and Law Graduate David Rountree look at a WA Supreme Court of Appeal case that recently considered the questions that arise in these circumstances.

17 May 2012

The Supreme Court of Queensland recently considered the scope of an insurance broker's duty to its client and found that it extends to the exercise of reasonable care and skill. This, however, is to be judged with reference to the terms of the relevant broker's services contract and the circumstances of the case. Partner Michael Quinlan, Senior Associate Gareth Horne and Law Graduate David Rountree report

07 May 2012

The Australian Securities and Investments Commission has issued a warning to all financial services licensees, after a surveillance operation identified a number of insurance brokers and financial planners who were unlawfully using certain terms. Partner Dean Carrigan, Senior Associate Rhiannon Eagles and Lawyers Tanvir Ahmed and Stephen Lloyd report.

01 May 2012

In March of this year, the Supreme Court of New South Wales announced major changes to its approach to discovery that are likely to profoundly alter the conduct of commercial disputes in that court. On 30 April 2012, the Chief Justice and key judges of the court's Equity Division addressed practitioners to further explain and clarify aspects of the new appraoch. Partner Richard Harris and Lawyer Elnaz Nikibin report on the changes, some of the matters being emphasised by the court and some similar themes emerging in the Federal Court

24 April 2012

A recent decision that has confirmed that compensation is available to an employee (injured while having sex in a hotel room during a work trip) highlights the broad scope under the current law as to when injuries will be regarded as having taken place during the course of employment. Partner John Edmond, Senior Associate Jonathan Light and Lawyer Stephen Lloyd report on the decision that has particular implications for employers and worker's compensation insurers

02 April 2012

The UK Supreme Court has handed down its decision in the 'EL Trigger Litigation' concerning a long-running dispute about insurers' liability to compensate mesothelioma victims, making it clear their obligation to indemnify employers will be triggered when an employee is negligently exposed to asbestos fibres. Partner Dean Carrigan, Senior Associate Philip Hopley and Lawyer Stephen Lloyd report

29 February 2012

The trial of the securities class actions against the Centro Group - the last of a cluster of high-profile securities class actions commenced in the Federal Court between 2006 and 2008 - is scheduled to commence next week. The commencement of the trial brings with it the possibility of the first judgment in an Australian securities class action and, importantly, the possibility of the first decision to deal with causation in a securities class action. As Centro is only the third securities class action to reach trial, it is a good time to reflect on the current state of the Australian securities class action landscape. Partner Ross Drinnan and Senior Associate Jenny Campbell report

27 February 2012

ASIC has released guidance to assist promoters of financial products and services, as well as publishers of advertising for such promotions, in complying with their legal obligations to avoid making false or misleading statements or engaging in misleading or deceptive conduct. Partner Dean Carrigan, Senior Associate Simon Lewis and Lawyer Andrew Murn report

23 November 2011

It seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders

22 November 2011

Flood cover may become mandatory in home building and home contents insurance policies, among other significant changes proposed in the Natural Disaster Insurance Review Panel's final report on its inquiry into flood insurance and related matters. Partners Dean Carrigan and John Morgan, Senior Associate Katherine Hayes and Lawyer Andrew Lazzaro report

10 October 2011

A recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan, Lawyer Mitch Riley and Paralegal Ashleigh Shand explain

03 October 2011

Detailed proposals have been announced for Hong Kong's independent Insurance Authority, which will have comprehensive powers regarding insurers and insurance intermediaries. Partner Simon McConnell, Senior Associate Kieran Humphrey and Trainee Solicitor Alice Mok consider its key features and potential impact on the market.

29 September 2011

In a landmark decision, the Victorian Supreme Court recently dismissed a class action by Timbercorp investors following the collapse of the Timbercorp Group in April 2009. Partner Irene Trethowan and Lawyers Kate Austin and Brenton Pollard look at the decision, which further clarifies the disclosure obligations of companies when issuing product disclosure statements for financial products and is likely to have implications for investors involved in other managed investment scheme class actions

21 September 2011

Multiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation

15 September 2011

The Victorian Court of Appeal has clarified a number of important issues regarding the enforcement of foreign arbitral awards in Australia. Partner Peter O'Donahoo, Senior Associate Andrew Barraclough and Lawyer Tim Maxwell report

31 August 2011

Dismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an insurer by the administrator of the federally funded HIH policyholder relief scheme. The High Court held that the administrator's obligations were not coordinate with an insurer's liability to pay a claim under an insurance policy it had issued in respect of the liability giving rise to a payment the scheme made. Partner Dean Carrigan, Senior Associate Andrew Byrne and Lawyer Alice Dillon report on the High Court's decision

10 August 2011

The New South Wales Court of Appeal has recently confirmed that the fiduciary duties owed by the trustee of a superannuation fund under section 52(2)(b) and (c) of the Superannuation Industry Supervision Act 1993 (Cth) do not materially extend beyond the general law fiduciary duty to act in the best interests of fund members. Partner John Morgan, Senior Associate Simon Lewis and Lawyer Patricia Abordo report on a case where a member of a superannuation fund alleged that the fund's trustee breached its fiduciary duties by entering into an insurance policy that allegedly provided less advantageous disability benefits to him than those under the fund's previous policy

13 July 2011

A recent decision of the Supreme Court of New South Wales highlights the importance of assessing the limits on rights of contribution when issuing insurance policies. Partner Dean Carrigan, Senior Associate Philip Hopley and Lawyer Patricia Abordo report

08 July 2011

The recent arrests of former executives of Securency on foreign bribery charges on 1 July 2011, coinciding with the commencement of the tough new UK Bribery Act, have implications for Australian companies and their management. Partner Matthew Skinner and Senior Associate Tim Robinson report

06 July 2011

The Senate Finance and Public Administration Legislation Committee has released the first part of its report on its inquiry into the legislation giving effect to the new Australian Privacy Principles which, if implemented, may have significant implications for privacy compliance procedures. Partner Dean Carrigan, Special Counsel John Dieckmann, Senior Associate Nathan Shepherd and Lawyer Fiona MacDonald report

04 July 2011

Public companies, their boards and their insurers should be aware of a recent Federal Court decision that has again confirmed that aggrieved shareholders may use section 247A of the Corporations Act 2001 (Cth) to apply for access to a company's insurance policies to help them decide whether to pursue litigation against it. Partner Michael Quinlan, Senior Associate Philip Hopley and Lawyer Laura Johnston report

29 June 2011

New legislation introducing a 'two-strikes' rule and making substantial changes to procedures associated with executive remuneration, board limits and determination of proxy votes has come into force. Partner Robert Pick, Senior Associate Kate Towey and Lawyer Sean Cole look at the key issues in-house counsel need to be aware of when advising boards and senior management of the changes

29 June 2011

This week's Federal Court decision in relation to ASIC's case against Centro's directors demonstrates how demanding a director's duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it. Partners Matthew McLennan, John Morgan and Jeremy Low and Senior Associate Simon Lewis report

29 June 2011

Hong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision

21 June 2011

The Victorian Supreme Court recently considered whether legal advice privilege protected an investigator's report that had been requested by an insurer before retaining lawyers. Partner Dean Carrigan and Lawyer Rhiannon Eagles report

08 June 2011

A recent decision of the Queensland Court of Appeal raises questions about the scope of section 54 of the Insurance Contracts Act 1984. Partner Michael Quinlan and Law Graduate Janis Dunnicliff report

31 May 2011

The Supreme Court of New South Wales recently allowed an insurer to avoid a policy for fraudulent misrepresentation. Partner Dean Carrigan and Law Graduate Ishwar Singh look at a case that is a useful guide to the operation of section 29 of the Insurance Contracts Act 1984 (Cth)

02 May 2011

The NSW Court of Appeal has upheld a decision in which a plaintiff was granted leave to join the defendant's insurer as an additional party to proceedings. This is potentially beneficial for plaintiffs and problematic for insurers. Partner Michael Quinlan and Lawyer Andrew Lazzaro report

20 April 2011

The Full Court of the Federal Court has upheld a decision in which an insurer's liability to indemnify was reduced to nil on the basis of non-disclosure and misrepresentation by its insured. Partner Michael Quinlan and Lawyer Laura Johnston report.

08 April 2011

A recent decision of the New South Wales Supreme Court has highlighted the pitfalls for insurance brokers who give unqualified advice on the legal effect of policy provisions. Partner John Edmond and Senior Associate Philip Hopley report

05 April 2011

A landmark decision recently handed down by the UK Supreme Court has found that there was no justification to continue to give expert witnesses immunity from being sued for negligence in relation to the evidence they give in court or the views that they express in anticipation of court proceedings. The court did not accept that potential liability would result in reluctance on the part of experts to accept instructions, nor would it prevent them from exercising their overriding duty to the court and acting with diligence and integrity. Partner Michael Quinlan Senior Associate Joanne Howie report

16 March 2011

Members of the former James Hardie Group insured by HIH have established their entitlement to payment of reinsurance recoveries held by the liquidators of HIH. Partner Dean Carrigan, Lawyer Larissa Chu and Law Graduate Alexander Edwards report

09 March 2011

In recent days the Federal Government has announced a number of initiatives in response to the natural disasters experienced early this year such as the Queensland floods and Cyclone Yasi. Partner Dean Carrigan, Senior Associate Amanda Taylor and Lawyer Hashini Panditharatne report

02 March 2011

With a growing number of Australians expected to live beyond the age of 90, many will enjoy a longer retirement than they ever imagined - but at what cost? Partner Dean Carrigan and Senior Associate Simon Lewis look at the emerging market for longevity risk management and highlight some recent developments

30 November 2010

The China Insurance Regulatory Commission has recently released new rules governing the utilisation of insurance funds and given further guidance on insurance companies' investment activities. Head of Corporate, North Asia, David Wenger, Senior Associate Wayne Wang and Consultant Crystal Zhang report

15 November 2010

The High Court of Australia has recently clarified that while it will give regard to the language of an exclusion clause, it must also read the clause in light of the contract of insurance as a whole and give due weight to the context in which it appears. Senior Associate Sarah Bryden and Lawyer Greg Stirling report

11 November 2010

The NSW Supreme Court recently enforced a restraint deed prohibiting a former employee of an insurance broker from soliciting clients. Partner John Edmond and Law Graduate Tom Levi report on the Court of Appeal judgment upholding the decision

03 November 2010

ASIC has released a consultation paper which considers whether retail clients can be given a quote for general insurance products over the phone before being given a Product Disclosure Statement. If allowed, this will facilitate the sales of general insurance products by telephone. Partner Dean Carrigan, Senior Associate Amanda Taylor, and Law Graduate Alexander Edwards explain

26 October 2010

The UK Court of Appeal has added to the uncertainty surrounding employers' liability insurance for long-term illnesses, recently holding that, while mesothelioma is 'contracted' at the time of exposure to asbestos fibres, no illness is 'sustained' until a tumour develops many years later. This controversial decision is now the subject of a Supreme Court appeal. Partner John Morgan and Law Graduate Laura Johnston report

22 October 2010

A recent English insurance case highlights the uncertainties commonly associated with interpreting and applying assumed contractual liability exclusions. Partner Dean Carrigan and Lawyer Naomi Sadler report

06 October 2010

The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins and Law Graduate Sue Zhang look at this decision, which highlights the importance of the factual context underlying a section 52 claim

16 September 2010

The Monetary Authority of Singapore is seeking comment on proposed legislative amendments that would allow it to impose asset maintenance requirements on any insurer (whether a branch or a locally incorporated entity) without any precondition. Partner Matthew Skinner and Senior Associate Justin Simpkins report

15 September 2010

A recent Queensland Supreme Court judgment is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it when responding to a claim. Partner Dean Carrigan and Law Graduate Alexander Edwards report

02 September 2010

A recent NSW Court of Appeal decision helps clarify the circumstances when extrinsic facts may be taken into account in interpreting written contracts and is a reminder of the precision required when drafting insurance coverage clauses. Partner Dean Carrigan and Lawyer Rhiannon Eagles look at the decision

30 August 2010

A consultation paper seeking suggestions about how social media can be used effectively in civil litigation has been released by the Supreme Court of Singapore. Partner Matthew Skinner and Senior Associate Justin Simpkins report