Declaration of interest: Colin Biggers & Paisley acted
for the proponent of the DOCA in the case discussed in this
article.
In brief - Courts recognise that granting access to insurance
policies violates a private relationship
There is a widening trend in the circumstances in which courts
will grant third parties access to insurance policies. However, the
recent case of Commonwealth Bank of Australia v ACN 076 848 112
Pty Limited demonstrates that courts recognise that orders
granting such access violate a private relationship and must be
contained within narrow guidelines.
Third parties seeking to obtain access to a company's
insurance policies
Insurers and insolvency practitioners will be familiar with the
long line of authorities in which third parties (including third
party claimants) seek to obtain access to a company's insurance
policies, often when the company is in financial distress.
