Showing 24 out of 104 results
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation …
Australia's courts publish reasons for clearing Vodafone/TPG merger
We assess the Federal Court's decision to overrule competition regulators to back $15bn telecoms merger. On 13 February 2020, the Federal Court of …
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses …
Policyholder insurance highlights 2019
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication …
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and …
The end of common fund orders as we know them?
Since 2016, common fund orders have been made in a number of Australian class actions under a particular statutory provision of the Federal Court of …
Class Action reform bill introduced to WA Parliament
On 26 June 2019, the Civil Procedure (Representative Proceedings) Bill 2019 (WA) was introduced into the Western Australian Parliament marking an …
Can your insurer rely on an insolvency exclusion?
Insolvency exclusion in D&O policy did not apply to claim by DOCA Administrators for breach of directors’ general duties.Key takeaways In a recent …
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to …
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. …
Class Action Roundtable: The ALRC report
The Australian Law Reform Commission has completed its inquiry into class action proceedings and third-party litigation funders, and its Final Report was …
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event …
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