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Results: 1-10 of 362

Insurers beware: High Court widens the application of section 54(1) ICA

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • September 12 2014

On 10 September 2014, the High Court of Australia delivered its decision in Maxwell v Highway Hauliers Pty Ltd 2014 HCA 33, dismissing an appeal

No trucking way High Court denies the limitation of s54(1) to ‘insured’ acts

  • Jackson McDonald
  • -
  • Australia
  • -
  • September 11 2014

The assessment of risk is now that much harder for underwriters after the High Court on 10 September 2014 unanimously dismissed an appeal from a

The long haul: High Court endorses broad application of s54 of the Insurance Contracts Act

  • Norton Rose Fulbright Australia
  • -
  • Australia
  • -
  • September 11 2014

The High Court has handed down its much anticipated decision in Highway Hauliers v Maxwell, unanimously dismissing the various insurers’ appeal and

Taking exit 54: High Court takes a right turn on insurance claims

  • Clayton Utz
  • -
  • Australia
  • -
  • September 10 2014

The High Court's decision today in Maxwell v Highway Hauliers Pty Ltd 2014 HCA 33 reinforces that insurers will not be permitted to rely upon

High Court resolves section 54 controversy

  • Hall & Wilcox
  • -
  • Australia
  • -
  • September 10 2014

In a landmark decision handed down this morning, the High Court has taken an expansive approach to the scope of section 54 of the Insurance Contracts

The disclosure of documents and the waiver of privilege

  • Holman Fenwick Willan LLP
  • -
  • Australia
  • -
  • September 9 2014

Care should always be taken by an insured when disclosing privileged material to an insurer lest they inadvertently waive privilege over the

Win to ASIC in responsible lending regime

  • Chapman Tripp
  • -
  • Australia, New Zealand
  • -
  • August 29 2014

The Australian Securities and Investment Commission (ASIC) has flexed its muscles in relation to the responsible lending regime and obtained a

How underwriting guidelines saved an Australian insurer $250,000

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • August 27 2014

The recent Queensland Court of Appeal decision of Michail v Australian Alliance Insurance Company Ltd 2014 QCA 138 reinforces that clear and

Exclusion of liability consequential loss

  • Norton Rose Fulbright Australia
  • -
  • Australia
  • -
  • August 27 2014

When entering into infrastructure contracts, parties will attempt to negotiate a careful bargain ensuring their risk is minimised. The incorporation

Common interest privilege between insurers and insureds and the Asahi case

  • Norton Rose Fulbright Australia
  • -
  • Australia
  • -
  • August 25 2014

At common law, a person who would be otherwise entitled to the benefit of legal professional privilege may waive the privilege. If a privileged