Uberrimae Fidei: of the utmost good faith
August 7 2015 This seemingly simple Latin expression is both subjective and objective. It evokes notions of honesty, conscience, trust, fairness, cooperation and…
Compliance with Subpoenas: Clarifying ‘Conduct Money’ and Compensation
November 16 2017 The widely used term ‘conduct money’ is regularly misapplied in situations where a party complying with a Subpoena to Produce to the Court (Subpoena…
Lawyers Gone Wild: Acting without Authority
April 18 2017 On 21 February 2017, in Victorian Legal Services commissioner v Logan (Legal Practice), the Victorian Civil and Administrative Tribunal delivered a…
Adverse Possession: The Legalised Stealing of Land is in the Public Interest
September 23 2020 The English law has long recognised the unauthorised taking of someone else’s land by adverse possession. What would be considered as ‘stealing’ is…
Obligations for discovery in subrogated actions
March 12 2015 It is common that, in proceedings involving an insured person or entity, the action is being conducted by an insurer pursuant to its right of…
Insurance Policies vs Expectations - The Opal Tower incident
November 6 2020 On 19 October 2020, the Federal Court of Australia handed down its decision in Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian…
The hidden price when providing incorrect information for life insurance
October 23 2020 Catriona Smith v OnePath Life Limited [2020] NSWSC 1185 (Smith) presents another reminder that persons seeking insurance cover must reasonably adhere…
Business Interruption Insurance Cover For Covid-19 - The Current State Of Play
October 20 2020 Business interruption policies (for example Industrial Special Risks policies) generally cover damage to business premises, and loss of profit and/or…
The Right to be Forgotten
October 19 2020 The ‘right to be forgotten’ stems from the 2014 decision in the landmark ‘Google Spain’ case. This case found that European Union (EU) citizens have…
Australian Privacy Regulator Takes Facebook to Court
October 7 2020 Facebook is being sued by the Australian Information Commissioner for a breach of the Privacy Act (1998) (Cth) (Privacy Act). The claim follows from…
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