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Class Actions Fireside podcast series
Our series charting group actions in Australia brings you the latest developments in accessible video and podcast formJoin our leading class action …
Climate change: succeed in a net-zero future
The risks associated with climate change go way beyond the purely environmental.In our climate change briefing we consider at a high level the political, …
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration (ACICA) has unveiled revised Arbitration Rules due to enter into force in April 2021. As …
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of …
Calls for increased domestic pharmaceutical production not warranted, say Herbert Smith Freehills experts
Increased commentary about Australia’s perceived vulnerability to pharmaceutical shortages have led to recent calls for an overhaul of the country’s …
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This …
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 …
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 …
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The …
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted …
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 …
Fish oil capsules fail the sniff test for ‘Made in Australia’ claims
The Federal Court has issued its first decision on the new ‘substantial transformation’ test since the commencement of Australia’s new country of origin …
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