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Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

Herbert Geer
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Australia
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April 18 2013

There is a prohibition against misleading or deceptive conduct in trade or commerce under section 18 of the Australian Consumer Law (ACL) (the

A summary of major developments in key areas

Herbert Smith Freehills LLP
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Australia, European Union, Indonesia, Myanmar, United Kingdom
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March 7 2013

The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and

An event not to be missed - a charge in search of a policy

King & Wood Mallesons
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Australia
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December 20 2012

Pinpointing the time at which a claim or cause of action arises is crucial when invoking the statutory charge mechanism provided for by s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW

Shadow boxing the difficulties in obtaining an advance declaration, and hints for clear drafting

King & Wood Mallesons
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Australia
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December 20 2012

In Bank of Queensland Ltd v Chartis Australia Insurance Ltd 2012 QSC 319, Bank of Queensland (BoQ) and Chartis were parties to a professional services liability insurance contract under which Chartis was obliged to indemnify BoQ for certain losses and defence costs in an action arising from any of a defined list of ‘wrongful acts’

A warning from the Queensland Supreme Court to insurers: pay as early as possible or risk paying more than you bargained for...

Barry.Nilsson. Lawyers
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Australia
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April 2 2012

The insured in this case, Oakland Investments, was in the business of lending money to property developers and investors

Financial institutions: what bank fees constitute penalties?

Norton Rose LLP
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Australia
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March 13 2012

Judgment was handed down late last year by Gordon J in John Andrews & Ors v Australian and New Zealand Banking Group Limited 2011 FCA 1376

Fiduciary duties of superannuation trustees and TPD definitions

Norton Rose LLP
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Australia
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March 13 2012

In Manglicmot v Commonwealth Bank Officers Superannuation Corporation Pty Ltd 2011 NSWCA 204, the NSW Court of Appeal examined the scope of the fiduciary duties owed by superannuation trustees to members when changing over group TPD insurance policies

Who is liable the lender or the broker?

Norton Rose LLP
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Australia
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March 13 2012

A recent decision of the NSW Court of Appeal has clarified the liabilities of mortgage brokers

Lender loses

Hall & Wilcox
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Australia
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May 31 2011

Does the deliberate act of an insured affect the rights of an interested party (such as a lender) under the policy?

“Turning a blind eye”: a refresher

McInnes Wilson Lawyers
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Australia
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January 27 2011

It is common knowledge that dishonesty will usually trigger an exclusion for cover under a professional indemnity policy

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Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

A summary of major developments in key areas

An event not to be missed - a charge in search of a policy

Shadow boxing the difficulties in obtaining an advance declaration, and hints for clear drafting

A warning from the Queensland Supreme Court to insurers: pay as early as possible or risk paying more than you bargained for...

Financial institutions: what bank fees constitute penalties?

Fiduciary duties of superannuation trustees and TPD definitions

Who is liable the lender or the broker?

Lender loses

“Turning a blind eye”: a refresher

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