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Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report (Report). …
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd …
International Arbitration in Australia in 2020 – state of play
We round up key developments in the increasingly eventful Australian arbitration sphere, including recent judgments and Covid-19's impact on hearings. In …
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 …
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) (Corporations Act) in an …
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 …
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 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 …
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 …
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 …
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