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Partner Michael Quinlan and Senior Associate Claire Forster consider the decision of the Supreme Court of New South Wales in New Cap Reinsurance Corporation (in liq) v Grant and discuss the implications for insolvency practitioners and insurance and reinsurance companies

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The Federal Government has this week passed legislation that implements parts of its financial stability package announced on 12 October 2008. Partner Dean Carrigan and Senior Associate Philip Hopley summarise the legislation's effect on the insurance industry and general insurers in particular

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Partner Michael Quinlan and Senior Associate Andrew Byrne discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape

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The Commonwealth Government has recently introduced new legislation that amends Australia's current system of compulsory non-voidable insurance for passenger-carrying airline carriers. Partner Dean Carrigan and Senior Associate Stephen Sander look at the changes

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Can an insured recover legal costs under a costs extension clause in an indemnity policy, even if it is expressed as being subject to 'an entitlement to be indemnified'? Partner John Edmond and Lawyer Carl Xu report on a recent NSW Court of Appeal decision

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Partner Louise Jenkins and Senior Associate Andrew Maher comment on a recent High Court decision in CGU Insurance Ltd v Porthouse, concerning the operation of a 'Known Circumstance' exclusion in a professional indemnity insurance policy. The decision highlights the broad application of 'Known Circumstance' exclusion clauses in claims-based liability insurance policies and reminds insureds of the importance of timely identification and notification of circumstances that may give rise to future claims

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Partner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues

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The Full Court of the Federal Court has held that an applicant can join an insurer to legal action against the insured, even if the insured does not wish to seek indemnity from the insurer. Partner Jenny Thornton and Law Graduate Bryn Dodson look at the decision in Employers Reinsurance Corporation v Ashmere Cove Pty Ltd that has potentially wide-ranging consequences for insurers

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The House of Lords has acceded to a letter of request that the English court received from the Supreme Court of New South Wales and has ordered that assets held by the HIH group of companies in England should be remitted to Australia for distribution in accordance with Australian law. Partner John Morgan and Senior Associate Christopher Prestwich report

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Partner Andrea Martignoni and Senior Associate Philip Hopley provide an update on Civil liability

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This paper brings together a number of recent developments in the directors' and officers' (D&O) insurance landscape. Recent significant decisions by Australian courts and pronouncements by Australian policy makers mean that it is critical for directors and officers, as well as those who indemnify them and those who advise them, to be up to date with these latest developments and to understand their wider implications for D&O insurance in the future

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AAR partner Michael Quinlan discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions

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Presented by AAR partners John Morgan and Dean Carrigan and Vicki Wilkinson, Manager of Insurance Access & Pricing Unit - Financial System Division, Australian Treasury

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The Thai authorities have turned their attention to the insurance industry in an ongoing campaign to reform and strengthen financial institutions. The recent suspension of a major motor vehicle insurer, Samphan, and adverse findings against a number of other insurers over capital adequacy concerns has given new impetus to reforms designed to strengthen the regulator and promote industry consolidation in readiness for more competition.

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On 20 September 2007, the Commonwealth Treasury released a discussion paper containing its proposed exemptions from new legislation that affects all direct offshore foreign insurers (DOFIs) carrying on insurance business in Australia. The new legislation received Assent on 24 September 2007. Partners John Morgan and Dean Carrigan and Senior Associate Mark Lindfield explain the key proposals in the discussion paper

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The Federal Government has finally announced new regulations enabling financial services providers to incorporate by reference some of the information required to be included in retail disclosure documents. Consultant Derek Heath and Senior Associate Justine Woodford discuss the implications of this welcome development and the other measures introduced under these regulations

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The High Court of Australia has found that a roads authority did not owe a duty to young persons using a bridge to prevent them from jumping and being injured by the shallow water below. However, as Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the split decision muddies the waters around the circumstances in which appellate courts should overturn factual findings by lower courts

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This paper is intended to provide a detailed introduction to two important areas that insurance professionals in the London market should be aware of when dealing with Australian insurance and reinsurance risks

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Parties to a contract of insurance have a duty to one another to act in the utmost good faith, a duty that is imposed both by common law and by statute. It had, however, been recently suggested that the insurer owes a duty of good faith to third-party beneficiaries of the insurance. As Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the New South Wales Court of Appeal has now put that issue to rest, at least in that state

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Partner Andrea Martignoni, Lawyer Rebecca O'Brien and Law Graduate Anthony Lepere review the High Court's decision of 29 August 2007 in CGU Insurance Ltd v AMP Financial Planning Pty Ltd

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Partner Michael Quinlan and Senior Associate Justin Coss address a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) insolvency and restructuring provisions

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If an insurer wrongly denies indemnity, can the insured recover damages for consequential loss in addition to its right to indemnity under the policy? Partner Malcolm Stephens and Senior Associate Justin Coss report on the recent decision of Brescia v QBE in which the Supreme Court of NSW awarded such damages in favour of the insured

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Partner Oscar Shub and Senior Associate Philip Hopley consider the recent decision of the English Court of Appeal in HIH Casualty & General Insurance Ltd v JLT Risk Solutions Ltd [2007] EWCA Civ 710, and its likely impact on Australian insurance brokers and their clients

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Partner Oscar Shub and Senior Associate Philip Hopley discuss insurance brokers ever-widening array of duties and obligations to clients and non-clients alike.

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A new Bill just introduced into Federal Parliament will have a wide reaching and significant impact on direct offshore foreign insurers. Partners Dean Carrigan and John Morgan report

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Partner Michael Quinlan and Lawyer Simone Collier consider the recent decision of the New South Wales Court of Appeal in The Owners - Strata Plan No 50530 v Walter Construction Group Ltd (in liquidation) & Ors [2007] NSW CA 124, which considered the application of section 6 of the Law Reform (Miscellaneous Provisions) Act 1986 (NSW) to claims-made policies

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Partner Michael Quinlan and Senior Associate Robert Carey consider the implications for Australian reinsureds of the decision of the English High Court in WASA International Insurance Company Limited v Lexington Insurance Company [2007] EWHC 896 (Comm), which examines the relationship between ostensibly 'back to back' insurance and reinsurance contracts

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In another sign of the increased regulatory scrutiny of PRC insurance companies, China Insurance Regulatory Commission has issued several new regulations aimed at enhancing the corporate governance of PRC insurers. Partner Niranjan Arasaratnam and Senior Associate Troy Zhang provide an overview of the recent developments

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On 3 May 2007, the Federal Minister for Revenue and Assistant Treasurer announced long-awaited reforms to insurance business conducted in Australia by direct offshore foreign insurers and discretionary mutual funds. Partners Dean Carrigan and John Morgan, and Senior Associate Mark Lindfield, review the proposals and outline some of the most significant features, particularly for holders of Australian financial services licences

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Partner Michael Quinlan and Senior Associate Christopher Prestwich discuss a recent Federal Court decision on a proposed scheme of arrangement that sought to transfer liability for future asbestos-related claims from one group company to another, along with the benefit of associated insurance policies, enabling the original company to be deregistered

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Partner Carolyn Oddie and Senior Associate Emma Marsh discuss trade practices issues relating to the insurance industry

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AAR partner Michael Quinlan looks at how the Insurance Act (NSW) applies to reinsurance contracts

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Allens Arthur Robinson Partner Dean Carrigan presented the following paper at the 'Proactive strategies for achieving risk leadership in enterprise-wide capital allocation' conference held in Sydney on 14-15 Sydney 2007

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The Basel II capital adequacy reforms, due to be implemented in Australia in January 2008, introduce the possibility of certain types of insurance products having a role as capital reduction tools under the applicable Australian regime. Partner Dean Carrigan reviews some of the challenges this will create for authorised deposit-taking institutions

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As China's burgeoning insurance sector looks set to expand further, a raft of new regulations aim to open investment channels for insurance companies that should increase their competitiveness, as well as introduce new measures to enhance risk management. Partner Niranjan Arasaratnam and Senior Associates Troy Zhang and Julian Donnan look at the recent developments

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On 12 February 2007, the Federal Government released the long-awaited exposure draft legislation and explanatory materials for public comment. The reform package implements most of the recommendations of the review of the Insurance Contracts Act 1984. Partner Dean Carrigan and Senior Associate Mark Lindfield summarise each part of the reform package

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Partner Andrea Martignoni and Senior Associate Malcolm Stephens present a case study illustrating recent issues in construction insurance

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Reporting entities could have to pay up to $11 million if they contravene the civil penalty provisions in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Partners Peter Jones and Anna Lenanhan and Senior Associate Judy Maguire report

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Partner Dean Carrigan and Overseas Practitioner Christopher Prestwich discuss solvent schemes of arrangement used by insurance companies to accelerate the run-off of their business, or parts of their business, while they are still solvent

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The Anti-Money Laundering/Counter-Terrorism Financing Bill 2006 and accompanying Anti-Money Laundering/Counter-Terrorism Financing (Transactional Provisions and Consequential Amendments) Bill 2006 may be passed by the end of the year and implemented in early 2007. Partner Peter Jones and Senior Associate Judy Maguire provide an update of the key changes

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Partner John Edmond and Senior Associate Robert Carey examine last week's decision of the New South Wales Supreme Court, HIH Casualty & General Insurance Limited (in liquidation) v Wallace & Ors [2006] NSWSC 1150, which held that the Insurance Act 1902 (NSW) applies to reinsurance contracts, and that as a result an arbitration clause in a reinsurance contract is not binding on the reinsured as a matter of New South Wales law

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Partners Peter Jones and Anna Lenahan and Senior Associate Judy Maguire report on the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006

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The Australian Prudential Regulation Authority released its final Outsourcing Prudential Standards (GPS 231, LPS 231 and APS 231) and Prudential Practice Guide (PPG 231) on 6 October 2006. Partner Dean Carrigan, Senior Associate Claire Machin and Lawyer Annett Schmiedel outline the key changes in the final Outsourcing Standards and what they mean for insurers

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Michael Quinlan and Mark Lindfield discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape

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Partner Michael Quinlan and Overseas Practitioner Ian Roberts discuss three recent English court decisions examining the existence and scope of brokers' duties. All three decisions went against the brokers involved

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Partner Michael Quinlan and Overseas Practitioner Christopher Prestwich discuss the implications of a Federal Court of Australia decision in Re NRG London Reinsurance Company Ltd and NRG Victory Australia Limited, in which the court considered whether to convene a meeting of creditors for the purpose of approving solvent schemes of arrangement of two companies

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Companies typically indemnify their directors for third-party claims made against them for liability arising from the performance of their duties as directors. However, a recent New South Wales Supreme Court decision suggests that some companies may be providing a broader indemnity than they realise. Partner Dean Carrigan and Senior Associate Mark Lindfield discuss the implications

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We report on the suspicious matter reporting regime and AUSTRAC's new enforcement powers under the revised Exposure Draft Anti-Money Laundering and Counter-Terrorism Financing Bill

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Michael Quinlan and Keith Bethlehem discuss issues and developments in regard to Directors' and Officers' insurance policies

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The revised Exposure Draft Anti-Money Laundering and Counter-Terrorism Financing Bill, released on 13 July 2006, has addressed a number of problems identified by industry in the previous Exposure Draft Bill. Significant changes have been made, but concerns as to how to interpret some parts of the Bill and its impact on the financial sector remain. This Focus - the first in a series to be issued by AAR on the Bill - deals with the customer identification requirements

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The Federal Government has listened to industry and adopted a less prescriptive, more risk based approach to its new anti-money laundering (AML) counter terrorist financing (CTF) legislation. Partner Peter Jones and Senior Associate Judy Maguire report

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A decision handed down by the English Court of Appeal earlier this month will have a significant impact on the consideration of letters of request in complex international insolvencies. The decision also has serious implications for the efficacy of section 562A of the Corporations Act 2001 (Cth) where Australian insurers are reinsured in London. Partner Michael Quinlan and Overseas Practitioner Angela Martin report

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Senior Associates Matthew Skinner and Justin Coss will discuss issues and developments in subrogation

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The Australian Securities and Investments Commission issued this month an updated version of its guide to reporting breaches, Breach Reporting by AFS Licensees: An ASIC Guide and a suggested template form to be used when submitting breach reports. Partner Dean Carrigan and Overseas Practitioner Amanda Taylor look at ASIC's breach reporting requirements

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Partner Andrea Martignoni and Lawyer Philip Hopley discuss the implications of proportionate liability legislative reforms

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On 23 March 2006, the Australian Prudential Regulation Authority released a discussion paper, together with Draft Prudential Standards (GPS 231, LPS 231 and APS 231) and a Draft Prudential Practice Guide 231, on managing risks of outsourcing. The Prudential Standards will take effect on 1 October 2006. Partner John Morgan, Senior Associate Claire Machin and Lawyer Annett Schmiedel outline the key proposals and what they may mean for insurers

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A recent decision of the English High Court in the case of Brit Syndicates Limited & Others v Italaudit S.p.A. (Formerly Grant Thornton S.p.A.) and Grant Thornton International [2006] EWHC 341 arising from the fallout of the Parmalat collapse, highlights the pitfalls of business professional indemnity insurance policy wordings. Partner Michael Quinlan and Senior Associate Justin Coss report

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Partner Michael Quinlan and Overseas Practitioner Angela Martin consider how the provisions of the Insurance Act 1973 and the Corporations Act 2001 apply to the distribution of the assets of an insolvent reinsurer in circumstances where that reinsurer had reinsured parties outside Australia and had itself entered into contracts of retrocession.

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The Federal Government has again acted to reduce further the regulatory and compliance burden for financial services and associated industries in Australia, with a consultation paper released on 7 April 2006

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Partners Oscar Shub and Dean Carrigan discuss issues relevant to conducting insurance business in Australia

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Partner John Edmond and Overseas Practitioner David Salter consider the recent decision of the Supreme Court of Fiji in Tappoo Holdings Limited & Ors v Robert Arthur Stuchbery

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A recent New South Wales Court of Appeal decision upheld the right of receivers and managers of an insolvent corporation to conduct public examinations of certain of the personnel of its insurer and its insurer's agents as to the reasons why indemnity had been declined under an industrial special risks policy. Partner Andrea Martignoni, Senior Associate Keith Bethlehem and Lawyer Philip Hopley explain what this means for insurers

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Partner Andrea Martignoni and Senior Associate Malcolm Stephens consider the circumstances in which an insured is entitled to be indemnified by its insurer notwithstanding the failure by the insured to obtain the insurer's consent to the settlement.

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On 16 December 2005, the Commonwealth Department of Treasury released a discussion paper on the regulation of discretionary mutual funds and direct offshore foreign insurers. Partner John Morgan and Senior Associate Mark Lindfield review the discussion paper and explain why it raises questions rather than provides answers

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Partner John Morgan, Lawyer Penny Holloway and Summer Clerk Chris Govey examine a recent English High Court decision that concluded there is no comparative provision to section 562A of the Corporations Act in UK insolvency law and that the court had no power to remit assets from an ancillary liquidation in the UK to the Australian liquidators

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The Federal Government has finally released its Exposure Draft Bill on Anti-Money Laundering and Counter Terrorism Financing. The Bill imposes onerous customer due diligence, reporting and compliance obligations. Partners Anna Lenahan and Peter Jones and Senior Associate Judy Maguire report on these obligations and flag issues for further consideration

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Partner Andrea Martignoni and Lawyer Paul Spackman analyse the Federal Court of Australia's recent opinion in AMP Financial Planning Pty Ltd v CGU Insurance Ltd and its impact on an insured's efforts to settle underlying claims without its insurer's indemnity determination

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ASIC and APRA released a joint Guide to Good Practice in Unit Pricing earlier this month. This follows more than a year of industry consultation and review by the regulators of unit pricing practices in the funds management, superannuation and life insurance industries. Senior Associate Penny Nikoloudis and Lawyer Priya Kumar summarise the key aspects of the Guide, including the five good practice principles developed by ASIC and APRA

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Insurers providing cover to banks and other ADIs who use the advanced measurement approach for the measurement of operational risk will need to take note of APRA's new proposals on the implementation of the Basel II capital adequacy reforms. Insurance products must meet particular requirements if they are to provide effective mitigation for ADIs against capital charges for operational risk

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A recent Financial Action Task Force report concludes that Australia's anti-money laundering and counter-terrorist financing regimes do not comply with accepted global standards. Partner Anna Lenahan and Senior Associate Judy Maguire report on the task force's assessment and proposed reforms to the existing regimes

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Partner Dean Carrigan and Lawyer Penny Holloway report on the proposed reforms to the financial services industry designed to reduce and eliminate money laundering

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Partner Dean Carrigan and Senior Associate Claire Machin examine the progress of the Federal Government's proposed set of refinements to the financial services regulation introduced by the Financial Services Reform Act 2001 (Cth), as they apply to the general insurance industry. We also consider ASIC's response, which includes proposals to refine the authorisation obligations of general insurers' agents arranging for the issue of general insurance products

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Partner Michael Ball and Senior Associate Keith Bethlehem discuss issues and developments in relation to double insurance and contribution

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In a decision that has significance for all insurers, the Court of Appeal has extended the rights and obligations owed to third party beneficiaries. Partner Michael Quinlan and Lawyer Carolyn Morley reports

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The decisions of the High Court in Rich v CGU Insurance Ltd; Silbermann v GCU Insurance and Wilkie v Gordian RunOff Ltd illustrate a strict approach being taken by the court to the construction of policy terms. Partner Andrea Martignoni and Lawyer Chris Peadon explain why insurers and insureds alike should ensure that policies clearly identify the cover provided

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Recent legislative developments in China have resulted in the creation of an insurance protection fund to protect policyholders in the case of an insurer's bankruptcy. Partners Simon McConnell and Jeremy Low and Lawyer Stephen Sander explain

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The New South Wales Supreme Court recently rejected a scheme of arrangement proposed by the HIH Group liquidators because it did not comply with the Corporations Act and the Insurance Act and declined to convene creditor meetings. Partner Michael Quinlan and Lawyer Joe Tan examine the decision in HIH Casualty & General Insurance Limited & Ors [2005] NSWSC 240

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Australia's High Court has confirmed that barristers and solicitors are immune from liability for negligence in the conduct of a case in court or for out of court work that leads to a decision affecting the conduct of a case in court. This case is also potentially significant in those common law countries that have not revisited the issue since the UK House of Lords abolished advocates' immunity in 2000. Partner Michael Quinlan and Lawyer Chris Peadon explain

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Partner Andrea Martignoni and Overseas Practitioner Ingrid Curran discuss issues relevant to insurance for business interruption losses

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Swain v Waverley Council: do recent tort reforms really disadvantage the catastrophically injured?

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Partners Simon McConnell and Jeremy Low and Lawyer Stephen Sander look at recent legislative developments in China

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The Review Panel inquiring into the Insurance Contracts Act 1984 has found that the Act is generally operating satisfactorily and to the benefit of both insurers and insureds. Partner Andrew Buchanan, Senior Associate Mark Lindfield and Lawyer Chris Peadon examine the panel recommendations most likely to give rise to issues for the insurance industry

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Partner Michael Quinlan and Lawyer Stephen Sander considers issues arising in relation to D & O Policies and the liability of directors and officers

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Partner Michael Quinlan, Senior Associate Mark Lindfield and Lawyer Stephen Sander report on proportionate liability provisions commencing in New South Wales and Western Australia and a case dealing with the settlement of third parties' claims by an insured where the decision on indemnity by the insurer is still outstanding

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In the latest edition of AAR's Focus: Insurance & Reinsurance & Asia series, Partner Simon McConnell, Senior Associate Mun Yeow and Lawyer Stephen Sander look at the current issues regarding Directors' & Officers' policies facing companies and non-executive directors in Hong Kong

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Partner John Edmond, Senior Associate Terence Walsh and Lawyer Stephen Sander report on a New South Wales Court of Appeal decision in a test case that gives guidance to a liquidator in how to deal with the assets of a reinsurer when it is being wound up

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Partner Michael Quinlan and Senior Associate Matthew Skinner discuss recent amendments to the Trade Practices Act and proportionate liability

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Partner Andrea Martignoni and Lawyers Gemma Barnett and Carolyn Morley look at three insurance decisions in New South Wales over the past six months, two of which deal with the ability of a plaintiff to join an insurer to proceedings under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW). The third case looks at the issue of the operation of privilege between insurer and insured

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Partner Michael Ball and Overseas Practitioner David Salter discuss recent cases on non-disclosure and consider some of the anti-avoidance provisions of the Insurance Contracts Act 1984 (Cth) in relation to misrepresentation and non-disclosure

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Partner Dean Carrigan reviews the current legal and regulatory framework in Australia and makes some observations about future directions for the industry and its regulators

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Partner Michael Quinlan looks at some of the most significant Australian legislative and common law developments in recent times and emphasises the implications for reinsurers and insurers who are in the Australian market or are contemplating entry or re-entry into the market

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Partner John Morgan and Senior Associate Mark Lindfield discuss the latest on the legislative reforms for proportionate liability and how they impact on and interact with the law in relation to contribution

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In this edition of Focus: Insurance and Reinsurance Asia, Partner Simon McConnell in Hong Kong and Partner Jeremy Low in Shanghai look at developments in the Asian region over the past 12 months

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Partner Andrew Buchanan and Lawyer Jenni Priestley discuss when an insurer should take over the conduct of a matter and the legal, practical and commercial ramifications

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Partner John Morgan and Senior Associate Matthew Skinner outline recent changes to Commonwealth legislation that are aimed at supporting the civil liability reforms introduced at State and Territory level

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A recent Productivity Commission inquiry considered the exemption for insurance providers found in section 46 of the Disability Discrimination Act 1992 (Cth) and recommended certain amendments to that exemption. Partner Dean Carrigan and Lawyer Penny Holloway report

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We examine two recent UK insurance decisions handed down over the past 12 months, which deal with reinsurers seeking to avoid reinsurance contracts on the grounds of non-disclosure, and the construction of a claims co-operation clause

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Partners Andrew Buchanan, Michael Quinlan and Senior Associate Luisa Uriarte discuss the reports of the Review Panel into the Insurance Contract Act

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Partner John Morgan and Senior Associate Malcolm Stephens discuss the application of the Terrorism Insurance Act

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Partner Andrea Martignoni and Lawyer Stephen Sander look at some of the most significant issues and proposals raised by the Proposals paper on second stage: Provisions other than section 54, recently issued by the Review Panel in the Federal Government's review of the Insurance Contracts Act 1984

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In the latest edition of our Focus: Insurance and Reinsurance - Asia series, Lawyer Kathleen Ready offers an overview of the Singapore insurance market and the relevant legal framework

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Partner Michael Quinlan and Lawyer Kate Adams look at two recent judgments: a ruling on a total and permanent disablement claim; and a decision on the role of the Superannuation Complaints Tribunal, with implications for trustees and insurers. We also look at a UK case that provides guidance for determining employees' ability to work

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A recent Federal Court decision has provided some guidance for insurers on the interpretation of the exemption for insurance found in section 46 of the Disability Discrimination Act. Partner Dean Carrigan and Lawyer Penny Holloway report.

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The High Court has left the door slightly ajar for courts to find architects, engineers and builders of commercial buildings liable in negligence to subsequent owners of those buildings for the cost of rectifying defects. Partner Andrea Martignoni and Lawyer Chris Peadon consider the implications of the 1 April 2004 decision

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Partner Dean Carrigan and Lawyer Penny Holloway look at recent cases and developments regarding privacy and discrimination of particular relevance to the life insurance industry

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Partner Michael Quinlan and Senior Associate Malcolm Stephens discuss some of the recent developments in the Insurance Contracts Act 1984 (Cth) and the issues which have been raised as part of the review of the Insurance Contracts Act announced by the Government on 10 September 2003

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Partner Michael Quinlan and Lawyer Stephen Sander examine a number of recent insurance-related decisions and report on an ASIC class order which provides relief to insurance brokers in respect of their ability to pay money into a trust account under section 981B of the Corporations Act 2001 (Cth).

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Partner Michael Quinlan explores some of the important Corporations Act (the Act) insolvency issues which are unique to the insurance and reinsurance industry and looks at important insolvency issues relevant to all corporations but from the particular and sometimes surprising perspective of their application to insurers and reinsurers

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Senior Associate Malcolm Stephens discusses the insurance implications when a company involved in a construction project suffers a loss

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Partners Oscar Shub, Andrea Martignoni, Michael Quinlan, Dean Carrigan, John Morgan, John Baartz and Andrew Buchanan give a quick and punchy insight into the key general insurance and reinsurance cases and legislative changes in 2003

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AAR partner Michael Quinlan and Senior Associates John Edmonds and Matthew Skinner discuss a number of recent insolvency cases

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In this third edition of Focus: Insurance and Reinsurance Asia series, Partner Simon McConnell, Senior Associate Daniel Yeo and Articled Clerk Eve Hollole, provide an overview of the Hong Kong insurance market and the applicable legal framework

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Partner John Baartz, Senior Associate Luisa Uriarte and Lawyer Stephen Sander examine the difference and significance of being listed as an interested or named party on a policy of insurance, rather than being named as an insured

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Partner Dean Carrigan, Senior Associate Mark Lindfield and Lawyer Rohini Jannu review Financial Services Reform legislation developments that arose in 2003 and affect the insurance industry

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We examine the Wilkie decision, which benefits insurers when directors are implicated in dishonest or fraudulent conduct; look at the Commonwealth Parliament's 'leisurely' pace to implement the Ipp Committee reforms; and discuss key aspects of tort law reform in Victoria

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An unsuccessful appeal by a contract works insurer in the New South Wales Court of Appeal has again demonstrated that policy exclusions must be clearly worded if they are to be successfully used by an insurer as a means of denying indemnity. AAR's Special Counsel Nick Longley and articled clerk David de Jersey review the decision

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In the second edition of our new quarterly series of Focus: Insurance & Reinsurance Asia, Lawyer Sean Cooper provides an overview of the legal framework applicable to insurance in Thailand and sets out the issues facing foreign insurers planning to operate in Thailand's insurance market

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Submissions to the Federal Government's review of the Insurance Contracts Act cited section 54 of the Act as an 'active factor' in the availability and affordability of professional indemnity insurance. Partner John Morgan and Senior Associate Mark Lindfield consider the recommendations of the Review's preliminary report and its consequences

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Partner Dean Carrigan examines the Australian Prudential Regulatory Authority's proposed second round of reforms to the prudential and regulatory framework for the supervision of the Australian general insurance industry, issued on 20 November 2003

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Careful wording of aggregation clauses can make the difference in adequately protecting large corporations from many small claims arising from similar or related circumstances. Partner Andrea Martignoni looks at an English case that has relevance in Australia

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Decisions of the highest courts in Australia, the UK and the US have resulted in a divergence in the law relating to where online material is 'published' for the purposes of defamation law. In Australia and the UK, Internet publishers may be liable for online material in each jurisdiction in which the material is read. In the US however, Internet publishers will be liable for defamation only in those jurisdictions to which the publication was directed

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Lawyers Sarah Bergin and Marcia Ward provide an overview of the legal framework applicable to insurance in China, and set out the issues facing foreign insurers planning to extend their operations into China's insurance market

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Partner John Baartz and Special Counsel Nick Longley look at some recent developments in building construction claims

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A recent High Court decision has further extended the boundaries for 'nervous shock' claims, by finding that an employer has a duty of care to prevent its employee's children suffering psychiatric harm as a result of injuries to the employee at the workplace. This duty can arise even if the children did not witness the event and are only told about the accident, reports Senior Associate Miriam Morgan-Hobbs

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The Australian Government's legislative response to the withdrawal of terrorism cover in the Australian insurance market has now become law. Partners John Morgan and Dean Carrigan examine the Terrorism Insurance Act 2003

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Partner Dean Carrigan and Senior Associate Mark Lindfield will look at some topical FSR issues of relevance to the insurance industry

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Senior Associate John Edmond examines the remedies for insurers in relation to non-disclosure and misrepresentation contained in s28 Insurance Contracts Act 1984 (ICA), and comments on recent decisions of the Court in this area

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Following the Ipp Report into the law of negligence, most states are attempting major tort reform. Senior Associate Eugene Elisara and lawyer Pia Riley briefly outline the recent legislative reforms in Western Australia

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The High Court of Australia decision last week in Permanent Trustee Australia v FAI identifies an important distinction between matters relevant to the risk insured and other 'matters of commerciality'. Special Counsel Nick Longley and Lawyer Chris Peadon look at this decision and identify some important implications

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Two recent decisions in New South Wales appear to signal the end of generous damages awards for those who suffer injuries in circumstances where the risk is inherent and the dangers are obvious and well-known. Lawyer Stephen Sander examines the decisions in the context of recent changes in community and judicial attitudes and legislative reforms in the area of civil liability

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Partners Michael Quinlan and David Cross and Senior Associate Richard Harris discuss some issues relating TPD claims

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Partners John Morgan and Dean Carrigan provide an overview of the framework of the legislation; will consider issues arising for the insurance industry arising from the legislation; consider which insureds will be brought within the scope of the legislation; and how the legislation will affect insureds

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In a recent update Partner Andrew Buchanan and Senior Associate Terence Walsh outlined proposed changes to the law of negligence in Queensland. The Civil Liability Bill discussed in that update has now been passed by Parliament and received Royal assent

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The amended Privacy Act 1988, which was extended to include the private sector has now been in operation for more than 12 months, and the Federal Privacy Commissioner has shown an interest in how the insurance industry is meeting the challenge. Partner Dean Carrigan, Senior Associate Brigid Keary and Lawyer Lucas Shipway consider two case studies recently issued by the Commissioner, which relate to the insurance industry

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Partners John Warde and Simon McConnell discussed some issues relating to insurance insolvencies

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In a recent decision in New South Wales in Gosford City Council v GIO General Ltd, the Supreme Court refused to apply section 54 of the Insurance Contracts Act to an insured's failure to exercise a right conferred by s40(3). On 7 March this year, the Court of Appeal dismissed an appeal by Gosford Council and Senior Associate Mark Lindfield outlines the Court of Appeal's reasons

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The reform of the law of negligence in Queensland has reached an important milestone with the introduction of the Civil Liability Bill 2003 into Parliament. Partner Andrew Buchanan and Senior Associate Terence Walsh review the most important aspects of the legislation

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Capital markets can be profoundly affected by the prospect of war and military action. Recent international events have significantly changed how issuers and underwriters need to approach the uncertainties associated with war and acts of terrorism. Partner Warwick Painter and Lawyer Mary-Jane Harvey examine the strategies that can be adopted now to cope with an increasingly uncertain future.

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Preface - this publication encapsulates the many important case law and legislative developments in the area

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Preface - this publication encapsulates the many important case law and legislative developments in the area

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On 7 November this year, the High Court of Australia unanimously held that the ACCC does not have the power to compel production of confidential lawyer-client communications when exercising its investigative powers under section 155 of the Trade Practices Act 1974 (Cth). This ruling has important ramifications for those involved in the insurance industry

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Most people are aware that FSR is here, and that we are now in the phasing-in transitional period. However, some sections of the FSR have no transition period. So what does this mean for you? Allens Arthur Robinson Senior Associate Mark Lindfield explains