Showing 12 out of 19 results
Whistleblowing and the “compliance gap”: Australian regulator fires warning shot on whistleblower policies
'Set and forget' still too common on whistleblowing compliance, warns key business regulator.It’s almost 2 and a half years since new whistleblower …
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 …
Arbitration is on the rise in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report …
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report (Report). …
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 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 …
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 …
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 …
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” …
Be specific when it comes to project insurance
A recent decision of the New South Wales Supreme Court reminds us of importance of carefully documenting the intended relationships and hierarchy between …
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