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What use are “entire agreement” clauses on claims for pre-contractual misleading or deceptive conduct?
The High Court of England has recently affirmed1 that an “entire agreement” clause does not exclude liability for misrepresentation. This article …
The Brexit Podcast
Our regular series of podcasts to keep you up-to-date with the critical issues facing business post-Brexit.On our Herbert Smith Freehills Podcast …
The Federal Modern Slavery Bill becomes law
The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019.The Bill creates an ongoing …
Competing class actions are again in the spotlight
The Full Federal Court has confirmed that the Court has the power to solve the growing problem of competing class actions and stop copycat class actions …
Litigation funding on the rise – A global snapshot
With external funding of disputes expanding fast, we chart its development across the key global markets.Australia has long been on the frontline of …
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ …
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered …
Class Actions and Litigation Funding
Class actions place an enormous burden on corporate Australia and the growth of the country’s sophisticated third party litigation funding market has …
Wording conflict resolved in favour of policyholder
The New South Wales Court of Appeal has resolved a conflict in the provisions of a policy in favour of the policyholder in a decision which emphasises …
Text of the revised Trans-Pacific Partnership agreement released
The Department of Foreign Affairs and Trade has released the final text of the revised Trans-Pacific Partnership. Following the withdrawal of the United …
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” …
11 States Agree on Comprehensive and Progressive Agreement for Trans-Pacific Partnership
The Trans-pacific partnership has been resurrected with 11 Pacific nations reaching agreement in Japan to sign the revised deal, despite the United …
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