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Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ …
Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s …
Policyholders may still secure cover despite non-disclosure
If a policyholder fails to disclose information they could reasonably be expected to know to be relevant to the risk for which they are seeking …
Take care when it comes to policy conditions
Australian Courts have previously made clear that there is a heavy burden of proof and a number of obstacles for an insurer to decline a claim on the …
Insurer huffs and puffs… but policyholder’s claim stands
A policyholder whose negligence led to the catastrophic destruction of a residential home in Brisbane has secured liability insurance coverage in a …
Insurer’s poor punctuation helps claimant to secure coverage
Comma sense prevails, as a recent decision of the NSW Court of Appeal1 reminds us of the importance of grammatical accuracy and a Court’s tendency to …
Proposed NSW legislation to abolish statutory charge and clarify policyholder’s right to defence costs
Current legislation in NSW, which is mirrored in the ACT and NT, allows a third party claimant to obtain a statutory charge over the proceeds of a …
Premature claim and double insurance thwart policyholder
Cautionary tale for policyholders on double insuranceThe New South Wales Court of Appeal has recently affirmed a decision handed down last year1 in which …
ASX Consultation Paper new admission requirements for listed entities
We have reviewed ASX's consultation paper and summarised the proposed changes to its requirements for admission to the ASX official list.In brief ASX …
Class action tourism on the rise
"Class Action Tourism" is a trend for litigation that we are seeing becomingly increasingly prevalent. It involves a claim by a number of individuals …
Have we opened the door to market based causation?
Recent Australian court decisions are also helping create fertile ground for class action litigation. In July 2015, the acceptance into Australian law of …
Vital tips to avoid risk when using Incoterms® 2010 in commodity sales contracts
Incoterms® 2010 are a set of standardised rules for the interpretation of international and domestic trade terms. Frequently used in commodity sales …
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