Medical Panel - late rulings mean no jurisdiction
Insurance eBulletin - 20 February 2012
Where parties to a claim for damages for personal injury to which the Wrongs Act 1958 (Vic) (Act) applies cannot agree that the claimant's level of impairment satisfies the requisite threshold for the recovery of general damages, the task is left to the Medical Panel. Its powers are governed by Part VBA of the Act and its decisions are subject to judicial review. Read full article...
Proportionate liability update
Insurance eBulletin – 11 January 2012
In late December 2011, a Full Bench of the New South Wales Court of Appeal provided further clarity into the application of the proportionate liability regime in NSW. The decision emphasises the importance of analysing the "damage" which is the subject of an apportionable claim and ensuring that alleged concurrent wrongdoers are also liable to the claimant for that same damage. Read full article...
Flood cover amendments introduced into Federal Parliament
Insurance eBulletin - 28 November 2011
A Bill has been introduced into Federal Parliament which seeks to amend the Insurance Contracts Act 1984 (Cth). It aims to create a legislative framework for prescribing a standard definition of flood in certain contracts of insurance and to provide a Key Facts Sheet to insureds. Read full article...
Leading Synthetics Pty Ltd v Adroit Insurance Group Pty Ltd
Insurance eBulletin - 26 October 2011
The Victorian Supreme Court has recently found that a credit risk insurance policy was in place despite the absence of a written policy document and fact that no premium was ever levied or paid. Read full article...
Amending draft documents in the course of commercial negotiations: a note to practitioners
Commercial Disputes eBulletin - 17 October 2011
Marking-up documents during negotiations may not be sufficient notice of changes made to commercial documents. Courts may set aside a critical term which has not been brought to a party's attention. Read full article...
Proportionate Liability – proposals for reform
Insurance eBulletin - 28 September 2011
Comments are sought on a set of model provisions which the Standing Committee of Attorneys General proposes be adopted by all Australian jurisdictions to reform existing proportionate liability legislation. Read full article...
D&O Insurance Update: Timbercorp class action fails
Insurance eBulletin - 6 September 2011
On 1 September 2011 Justice Judd dealt a stunning blow to Timbercorp investors, and potentially to investors involved in other managed investment scheme group proceedings, finding for the defendants in Woodcroft-Brown v Timbercorp Securities Ltd & Ors. Read full article...
New pre-litigation obligations in force in federal civil proceedings
Insurance eBulletin -17 August 2011
New pre-litigation obligations applicable to certain federal civil proceedings have been introduced by the Civil Dispute Resolution Act 2011 (Cth).  In this eBulletin, we look at these obligations, what constitutes "genuine steps" and the relevance of this to insurers and insureds. Read full article...
Revisiting the meaning of "Damage"
Insurance eBulletin - 27 July 2011
The Supreme Court of Victoria recently revisited the Ranicar decision and held that a fuse tripping, as it is designed to do in a power surge, constituted "damage" under a consequential loss policy. Read full article...
Reviewing FOS decisions
Insurance eBulletin - 28 June 2011
Debate has long ensued about whether and on what grounds decisions of external dispute resolution schemes in the financial services industry are reviewable by the courts.  In a recent judgment, the Victorian Supreme Court has ruled that while decisions of the Financial Ombudsman Service (FOS) are not amenable to judicial review, they may be susceptible to challenge in contract. Read full article...
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