Proportionate liability – restored to working order *

Australia - April 4 2013
Since 2009, the scope of proportionate liability legislation across all Australian jurisdictions has been severely constrained by the imposition of a…

Co-authors: Peter Stockdale.

---

The S&P class action - some insurance considerations *

Australia - December 20 2012
Whilst there has been significant coverage of the recent Federal Court decision in what has become known as the “ratings agency class action” (Bathurst Regional Council v LGFS [2012] FCA 1200), there has been little coverage of the judge’s decision concerning the insurance cover held by LGFS.

---

Fraudulent non-disclosure - delay may be fatal *

Australia - August 8 2012
A recent decision from Emmett J in the Federal Court provides an important reminder to insurers wishing to plead fraudulent non-disclosure as a defence to an insurance claim.

---

A reminder on the accuracy of information submitted by brokers *

Australia - August 7 2012
In the recent decision of Kotku Bread v Vero Insurance [2012] QSC 109, Appelgarth J has provided some useful reminders to insurance brokers of the need to ensure the accuracy of information supplied to insurers or otherwise risk being liable to their client for losses an insurer declines to meet on grounds of non-disclosure or misrepresentation. 

---

No second bite of the cherry *

Australia - August 7 2012
A recent decision in the NSW Court of Appeal provides a timely reminder of the importance of advocate’s immunity in precluding litigants from a second bite of the cherry through professional negligence claims.

---