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Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Insight 02 Dec 2020

Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...

Insurance sector reform under the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
Insight 30 Nov 2020

After several months of delay due to COVID-19, the Bill implements a large number of the Hayne Royal Commission recommendations, and in particular picks up several of the recommendations that are aimed at reforming the insurance sector. ...

Responding to COVID-19: your questions answered
Insight 13 Jul 2020

In light of the global outbreak of coronavirus (COVID-19), many businesses are confronted with questions about the legal and regulatory implications. Here we address the most pressing questions being asked across the business landscape. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
Insight 12 Aug 2019

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

A multi-million dollar question – aggregating claims in class actions
Insight 08 Aug 2019

The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited 1  that, under the terms of a civil liability insurance policy, each Class Member Registration For ...

Final APRA Guidance on Information Security (CPG 234) released – are you prepared?
Insight 27 Jun 2019

APRA has released the updated final version of its Prudential Practice Guide, which gives crucial context about how it views cybersecurity threats. ...

IP insurance: are you sure it's too expensive?
Insight 25 Jun 2019

IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...

Considering Robo-advice
Insight 17 Apr 2019

The Australian Financial Complaints Authority AFCA the new one-stop-shop for resolving financial complaints has had a very busy first six months of operation ...

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