Showing 36 out of 113 results
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 …
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 …
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