Readers of this blog will no doubt be aware of the litigation surrounding Highway Hauliers v Maxwell [2012] WASC 53 and Maxwell v Highway Hauliers [2013] WASCA 115. These judgments considered whether an insured was entitled to seek the remedial benefit of section 54 of the Insurance Contracts Act 1984 (Cth) to obtain indemnity from an insurer.  Please click here to read our earlier update on the first instance decision.

Well, the saga continues – as an application for special leave to the High Court of Australia has been granted. Without wanting to jinx it, it appears that the industry might finally get some clarity around the operation of this legislative provision, particularly in light of the ‘controversy’ and ‘mischief’ that continues to surround the judgment of Johnson v Triple C Furniture & Electrical Pty Ltd [2010] QCA 282.