Recently, some motor vehicle repair shops have partnered with third party recovery agents to offer customers, who appear to be not at fault in a
Category: Our Archives – Articles & Case Studies
You think a matter is settled… but wait, they want more!
The battle over Administrative fees A few weeks ago, I thought I had settled a motor vehicle accident claim on behalf of an insurer (I’ll
Octaviar – No Free Kick For Liquidators After Full Time
In March 2015, the High Court delivered its judgment in Grant Samuel & Ors v Fletcher & Ors [2015] HCA 8, and unanimously overturned the decision of
Court Reviews Common Exclusion Clauses in Motor Vehicle Policies
In Hammersley v National Transport Insurance1, the Supreme Court of Tasmania provided a timely reminder that when dealing with exclusions in Motor Vehicle Policies, the state
Urgent Notice to Insurers – Immediate Amendments to Disclosure Notices
Insurers need to be made aware of immediate changes to the Disclosure Notices required for all ‘eligible contracts of insurance’ (regulation 2B) being – motor,
Major Win for Insurance Industry – Detention of Vehicles by Repairers
In a major win for the insurance industry at large in New South Wales, the Supreme Court of NSW in Wong v Maroubra Automotive Refinishers and
Enforcing restraint of trade clauses in employment contracts- What are the determining factors?
In March and April 2014, the Supreme Court of New South Wales handed down three decisions considering the operation of restraint of trade clauses in
No right to rewrite an exclusion clause – Hannover Life Re of Australia Ltd v Wright
The Superannuation Complaints Tribunal does not have the power to redraft an exclusion clause for cover offered by a trustee of a superannuation fund in
Proposed Reform of the Singapore International Commercial Court
In his keynote address to the Inaugural SIAC Congress 2014, Law Minister K Shanmugam spoke of the Singapore government’s proposal to form an International Commercial
Extension of Unfair Contract Term Protections to Small businesses
The current national unfair contract terms protections found in the Australian Consumer Law (and those that relate to financial services, in the Australian Securities and
What Constitutes unreasonableness in Total and Permanent Disability (TDP) Claims – is the pendulum swinging back in favour of Insurers?
The New South Wales Supreme Court has taken the decision making processes of insurers and trustees to task in the first half of 2014 –
Temporary protection under the Personal Property Securities Act – Continuing your rights after January 2014
The temporary protection for transitional security interests in the Personal Property Securities Act 2009 (Cth) (PPSA) is about to come to an end. The PPSA, which came into
High Court Lays Down the Law on Section 54
The decisions of the respective courts of appeal in Queensland and Western Australia in Johnson v Triple C Furniture & Electrical Pty Ltd [2012] 2 Qd R
Res Ipsa Loquitor – the thing may speak for itself, but it doesn’t prove itself
It is common practise in lower courts (such as the Magistrate’s Court and Local Court, especially in motor vehicle property damage matters) for plaintiff’s to
Deeds of indemnity for homeowners warranty insurance – A statutory version of unconscionable conduct
The Home Building Act 1989 (NSW) requires a contractor who wishes to enter into a contract for residential building work to obtain statutory mandated home