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Disclosure novelties for insurers in WA courts

  • Norton Rose Australia
  • -
  • Australia
  • -
  • September 11 2012

The rules governing civil procedure in the Western Australian Supreme and District Courts were recently amended by adopting a new Order 9A (Order 9A

General: Section 54 strikes backwith a Western sting

  • Norton Rose Australia
  • -
  • Australia
  • -
  • June 8 2012

On 21 February 2012, Corboy J of the Supreme Court of Western Australia found in favour of Highway Hauliers Pty Ltd (Highway Hauliers) ruling that section 54 of the Insurance Contracts Act 1984 (Cth) precluded its insurer from denying indemnity

D&O: shareholder access to the ambit of cover

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • March 13 2012

A recent decision of the Federal Court in London City Equities Limited v Penrice Soda Holdings Limited 2011 FCA 674 illustrates the trend set by the courts in recent years to exercise the discretion under s247A of the Corporations Act in favour of shareholder claimants

Arbitrating against companies in administration

  • Norton Rose Fulbright LLP
  • -
  • Australia, United Kingdom
  • -
  • March 13 2012

On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) for leave to bring and continue proceedings against a defendant under voluntary administration