Showing 12 out of 33 results
Australian court sets a high bar for challenges to arbitrators
The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …
Ensure Smooth Sailing: Seeking a Subpoena in support of Arbitration
A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …
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 …
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 …
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 …
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 …
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 …
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” …
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