Just when you thought it was over… The Federal Court of Australia in Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 rejected an
Category: Our Archives – Articles & Case Studies
Statutory Demands – Why Acting Fast is Important for the Client and Solicitor
Failure to comply with a statutory demand can have serious consequences for a company. Failure to properly advise on a statutory demand can also have
Misuse of market power: Debate to even the playing field
In the wake of the upcoming elections, the Competition Policy Review final report released in March 2015 (CPR Report) has sparked further interest agitated by
Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Act 2016
False dealing with accounting documents In 2012, the Organisation for Economic Cooperation and Development working group on bribery recommended that Australia increase the maximum sanctions
Vendors of off the plan developments lose sunset clause rescission rights in favour of purchaser protection
On 17 November 2015, the NSW Government passed the Conveyancing Amendment (Sunset Clauses) Act 2015 (“Sunset Clauses Act”), which inserted Division 10, Part 4 into the Conveyancing Act 1919 (NSW)
Insurer left feeling the blues in a depression claim
Ingram v QBE Insurance (Australia) Ltd [2015] VCAT 107 (27 October 2015) centred on a claim by Ms Ingram made under a travel insurance policy. The claim sought
When living with someone isn’t an act or omission – Insurance
Section 54 of the Insurance Contracts Act poses a recurring issue for insurers, insureds, and the judiciary. Whether something constitutes an act or omission for the
Into the breach: The state of cyber security
The golden days when information was held only in hard-copy format, and in secure file rooms, is well and truly over. In those times, data
Life insurance update: Fraudulent non-disclosure
RELEVANT BACKGROUND In March 2010, the plaintiff’s de facto partner (the deceased) applied for life insurance with the insurer defendant. During the application process, the
Insurance lists for short matters – National Court Framework Reform
The Federal Court of Australia has a National Court Framework (NCF) that outlines the Court’s continuing attention to develop and engage in more effective practices,
Westpac Life Insurance Services Ltd v Guirgis [2015] VSCA 239 Duty of Disclosure & Fraudulent Misrepresentation
In Westpac Life Insurance Services Ltd v Guirgis [2015] VSCA 239, Ms Thereze Guirgis had an insurance policy with Westpac Life Insurance Services Ltd (“Westpac Life Insurance”).
Righting a wrong? Amendments to the Wrongs Act 1958 (Vic) in relation to personal injury claims.
Amendments have been made to the Wrongs Act 1958 (Vic) which are designed to ameliorate, to some extent, the effect of the Victorian tort law reforms introduced
Facebook: A reason for insurers to ‘Like’ it
In a matter recently before Lindsay J of the Supreme Court of New South Wales (His Honour), William Roberts Lawyers successfully defended a life insurer
Bikie Membership Invalidates Brothel’s Insurance Claim
Is failing to disclose you are a member of an outlaw Bikie Gang relevant to an Insurance Claim? The New South Wales Supreme Court says
Victims of crime to have their claims reassessed
New South Wales’ victims of crime who were caught out in a transition between the Victims Support and Rehabilitation Act 1996 (NSW) (Old Scheme) and the Victims Rights