ARTICLE · 10 AUGUST 2010

Assigning your Rights under a D&O Policy: The High Court Speaks

Clayton Utz

Explore more from Clayton Utz

Assigning your rights under a directors' and officers' policy is a vexed issue, and this morning the High Court gave some welcome guidance on the issue (CGU Insurance Limited v One.Tel Limited (In Liquidation) [2010] HCA 26 - Clayton Utz acted for the successful respondent).

AustraliaLitigation, Mediation & Arbitration

Author LinkedIn connections

Assigning your rights under a directors' and officers' policy is a vexed issue, and this morning the High Court gave some welcome guidance on the issue (CGU Insurance Limited v One.Tel Limited (In Liquidation) [2010] HCA 26 - Clayton Utz acted for the successful respondent).

The director, the D&O policy, and the $20 million order

Mr Greaves had a problem - a $20 million-sized problem, to be precise. That was the size of the compensation order that had been made against him in favour of One.Tel, the company of which he'd been a director. He also was required to pay $350,000 to ASIC.

He then entered into a Deed of Arrangement under Part X of the Bankruptcy Act 1966, assigning to his Trustee, amongst other things, his rights in a D&O policy with CGU. There were three particularly important clauses in the Deed:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Serious Harm, Small Audience: When A Defamatory Publication Falls Short Of The Serious Harm Requirement

AustraliaLitigation, Mediation & Arbitration

Consequential Injury Claims: Why Contemporaneous Records Matter

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

Which Court Should Hear A Queensland Debt Claim?

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

How Are Defamatory Imputations Formulated And Pleaded?

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Queensland Court Of Appeal Clarifies The Application Of Section 36 To Negligence Claims Against Public Authorities

AustraliaLitigation, Mediation & Arbitration

Gilchrist Connell

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

Litigation

Comparative Guide

International Arbitration

See more popular content from

Litigation, Mediation & Arbitration

Careful case preparation may help avoid indemnity costs

The teachers were ordered to pay their former employer's indemnity costs, after they refused the settlement offer.

AustraliaLitigation, Mediation & Arbitration

Draft And File A Statement Of Claim In Queensland

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Libel, Slander, and Defamation – Understanding the Difference

Libel, slander, and defamation are legal terms that address false statements that harm an individual's or business's reputation.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

NSW Statement of Claim: A Basic Guide

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

AustraliaLitigation, Mediation & Arbitration

Beyond reasonable doubt (criminal) vs balance of probabilities (civil)

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

AustraliaLitigation, Mediation & Arbitration

Doogue + George Defence Lawyers

Elements Of Defamation In Queensland

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Publication In Defamation Law: Who Is Liable?

Understanding who can be held liable for defamatory statements requires examining the complex legal concept of publication in defamation law. From traditional publishers to modern digital intermediaries, the scope of liability extends far beyond the original author, though recent Queensland legislation has introduced important exemptions and defences for certain online actors.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Negligence and the scope of liability (legal causation)

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea