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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 …
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general …
The ALRC’s proposed “system of conduct offence” – How repeat civil contraventions may have criminal bite
In this briefing we provide a breakdown of what a new “system of conduct” offence could involve and our initial views on implications for corporations in …
Opal Tower builder secures liability cover for defects occurring outside policy period
Key take-aways Despite the occurrence giving rise to the claim being outside the policy period, the Court was prepared to rectify the error to extend …
Brewster and beyond: an update on litigation funding
Following a 2019 High Court decision invalidating a particular statutory basis used by courts to make common fund orders, there has been significant …
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 …
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 …
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. …
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 …
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 …
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 …
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