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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the pur...
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Fr...
As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now implemented strict measures to regulate and control the building and construction industry. Relevantly, som...
A recent decision of the Federal Court found that the term “Property Insured” in an Industrial Special Risks Policy may extend to all property that is located in the relevant situation rather than being limited to property used in or in c...
Courts will always look to the equitable nature of dealings when determining the operation of an insurance contract. This case note demonstrates how an insurer was later prevented from changing its position on indemnity when it was aware of, and spec...
Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...
Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether s 5B of t...
Author: Kiley Hodges Judgement Date: 14th March, 2014 Citation: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52 Jurisdiction: High Court of Australia[1] In Brief The High Court of Australia has granted Broo...