Advice regarding unlitigated matters
A large building company recently entered into voluntary administration, leaving over ten homes incomplete. The insurer had obtained security from the director of the building company in respect of any liability it incurred under the policies issued to the building company for the incomplete homes. The director was therefore keen to minimise the insurer’s exposure to the claim. Through discussions with the director and administrator of the building company and each of the claimants, we were able to negotiate a settlement of the claims on the basis that another building company, run by a family member of the director of the insured building company, would complete the outstanding works under the original building contracts. Our client ultimately incurred very little liability in relation to the claims.
Stop Press: Peterson Homes Pty Limited v Paalep (Domestic Building)  VCAT 1599 (30 September 2010)
October 22, 2010
Repudiation of a contract occurs when a party to the contract acts in such a way as to show that it…Continue reading
Stop Press: The Victorian Civil and Administrative Tribunal has given guidance as to the application of policy periods under the Ministerial Order
January 21, 2011
Bachmann & Bachmann v Calliden Insurance Limited (formerly Australian Unity General Insurance Limited) Introduction In this decision, VCAT considered whether an…Continue reading
Stop Press: CTTT determines that a policy of HOW insurance does not respond to defective works destroyed by a subsequent fire and storm.
September 2, 2010
Smith & Tatton-Smith v Lumley Insurance (Home Building)  NSWCTTT 356 In a recent decision, the Consumer, Trader & Tenancy Tribunal…Continue reading