News & Publications

Court of Appeal identifies inconsistency between insuring clause and exclusion clause

Malamit Pty Ltd v WFI Insurance Ltd [2017] NSWCA 162 Facts WFI Insurance Ltd (WFI) issued a professional indemnity policy (the…

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Legal Directions

PROCEDURAL FAIRNESS IN MAS ASSESSMENTS CUTS BOTH WAYS

Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 Date of Judgment: 12 July 2017 Summary The NSW Court of Appeal…

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Motor Vehicle Directions

REACHING THE TOP OF THE TOWER (OF PI INSURANCE)

Introduction In the English case WR Berkley Insurance (Europe) Limited v Teal Assurance Company Limited [2017] EWCA Civ 25, the Court…

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Legal Directions

Omission to provide service covered under PI policy

AAI Limited v GEO Group Australia Pty Ltd [2017] NSWCA 110 GEO was the private operator of a prison in NSW.…

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Legal Directions

WASTE NOT, WANT NOT: A QUESTION OF INTERPRETATION

Aquagenics Pty Ltd (in liquidation) v Certain Underwriters at Lloyds subscribing to contract number NCP106108663 [2017] FCA 634 Introduction In a recent…

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Legal Directions

INSURER LOSES BID FOR DUAL REPRESENTATION OF ITS INSURED

Bettergrow Pty Ltd v NSW Electricity Networks Operations Pty Ltd [2017] NSWSC 658 Bettergrow operated a waste facility that was not…

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Legal Directions

ALTERNATIVE APPROACHES TO CALCULATING FUTURE ECONOMIC LOSS: CLOSED FIXED PERIOD V RETIREMENT AGE

Utting v Clark [2017] ACTCA 22 Introduction The ACT Court of Appeal has considered whether, in awarding damages for the future,…

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Legal Directions

SA DECISION IS A WARNING TO CO-DEFENDANTS UNWILLING TO NEGOTIATE ON SETTLEMENT OFFERS

Oliver v ACN 007 870 484 Pty Limited & 7 Ors (No.3) [2017] SADC 52 (His Honour Judge Gilchrist – District…

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Legal Directions