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  • Article

    Yes to using summonsed documents for claims management

    In appropriate cases, the Tribunal will accept claims management as a proper purpose for the release of documents.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Climate Change And Drought: Protection For Farmers Through Cat Bonds.

    I write in response to on article by John Breusch and Marsha Jacobs of the Australian Financial Review on 7 July 2008, titled "Assistance review in drier times".
    AustraliaEnvironment
    Swaab Attorneys
    Swaab Attorneys
  • Article

How Will This End? Lessons (So Far) From The ACCR v Santos Greenwashing Case

The Federal Court (the Court) recently handed down its judgment in Australia’s first greenwashing case, testing net-zero assertions made by companies. It found representations regarding “clean energy” and statements made as to Santos Ltd’s targets for net-zero were not misleading. The Court dismissed the Australasian Centre for Corporate Responsibility (ACCR)’s claim and awarded costs against it.
AustraliaEnvironment
Kennedys
Kennedys
  • Article

    The Right To Inspect A Will Without A Court Order And Prior To Probate Being Granted

    Since the Succession Act was introduced in NSW, provisions have been in place entitling certain people to inspect Wills. This is the case prior to probate being granted and without a court order. Anyone holding a Will on behalf of a deceased person must promptly and properly comply if there are obligations to provide access to the Will.
    AustraliaFamily and Matrimonial
    Swaab Attorneys
    Swaab Attorneys
  • Article

    BEAR essentials - 2018 a big year for banking reforms

    Banks, superannuation providers and insurance companies must be aware of APRA priorities and ADI new BEAR obligations.
    AustraliaFinance and Banking
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Financial Accountability Regime: Not That Far Away

    On 8 March 2023, the Government introduced the long-awaited Financial Accountability Regime Bill 2023 and Financial Accountability Regime (Consequential Amendments) Bill 2023 (collectively, the Bills) into Parliament.
    AustraliaFinance and Banking
    K&L Gates
    K&L Gates
  • Article

    AAT Determines That An Applicant Is Not Entitled To Reimbursement For Travel Expenses To And From Medical Appointments

    Comcare is not liable to pay compensation for expenses incurred travelling to and from medical appointments if the length of the journey made (including the return part of the journey) is less than 50 kilometres.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Commissioning a healthier complaints process in Victoria in 2017

    Insurers and medical defence organisations need to be aware of the Act's changes and how they impact the health sector.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Full Federal Court Finds D&O Insolvency Exclusion Does Not Apply, Notwithstanding Administration Of Company

    An insolvency exclusion in a D&O policy did not exclude claims against directors of a company under administration.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    2014 Productivity Commission Inquiry Report into Access to Justice Arrangements

    The Commission Report merely contains recommendations to be adopted at either a federal or a state government level.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    A win for the employer and the licensed club - not liable for patron’s assault on security guard

    Measures open to prevent the risk of injury to security guard employees, are limited given the obvious risks of the job.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    ACCC Claims Against Medibank For Misleading Or Deceptive Conduct And Unconscionable Conduct

    On 20 September 2017 the Australian Competition and Consumer Commission (ACCC) appealed a Federal Court judgment that considered the lawfulness of a change to Medibank Private Limited's ("Medibank") insurance coverage of inpatient diagnostic treatment. The ACCC has appealed the first instance decision rejecting the ACCC's claims that Medibank had engaged in misleading or deceptive conduct and unconscionable conduct.
    AustraliaInsurance
    Jones Day
    Jones Day
  • Article

    All roads lead to Roman—Considering who in a road authority knew about a risk

    This was a welcome decision for roads authorities although it seems that the issues will be determined by the High Court.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Are insurance contracts unfair?

    As part of the review of the Act, the Minister asked if insurance contracts should be subject to unfair contract laws.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Article 3 – What happens when things go wrong with your TPD claim?

    Getting into a disagreement with your insurer can be frustrating and a very tricky affair, even when it is justified.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    "Back-To-Back" Contracts Of Reinsurance Can Lead To Face-Off In Court If Not Drafted Correctly

    Do so-called "back-to-back" reinsurance contracts provide cover co-extensive with the insurance, particularly where similar terminology is used?
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    Beware the bold: interpreting defined terms in insurance contract

    Summary of a recent case considering insurance contracts.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Beware the bold: interpreting defined terms in insurance contract

    If an insurance contract defines bold terms with specific meaning, unbolded terms are usually given an ordinary meaning.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Common Meaning Of Term Of Exclusion Clause Prevented Indemnity Being Available

    The global financial crisis has led to many claims being made on financial advisers by investors who have suffered losses as a result of a decrease in the value of their investments. This has in turn led many financial advisers to seek indemnity under their insurance policies for the investors’ claims.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Crystal clear: double insurance may apply even if liability of contributor has not crystallised

    The claimant was employed as a bus driver. He was injured on 13 October 2002 while lifting a heavy luggage compartment door of a trailer to a bus. He brought proceedings in the District Court against the registered owner of the bus, which was a separate but related legal entity to his employer.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Showing 541–560 of 2024 results

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