SECTION 29(2) ICA POLICY AVOIDANCE UPHELD

Finadri v Westpac Life Insurance Service Limited [2018] VCC 1636 On 10 October 2018, Judge Murphy of the County Court of…

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Legal Directions

COMMERCIAL TRANSACTIONS IN THE NSW DISTRICT COURT: JURISDICTIONAL UNCERTAINTY

The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 The NTF Group proceedings concerned an…

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Legal Directions

NO CONSTRUCTIVE DECLINATURE

Newling v FSS Trustee Corporation (No 2) [2018] NSWSC 1405 On 14 September 2018, Parker J of the NSW Supreme Court…

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Legal Directions

OFFERS OF COMPROMISE AND CALDERBANK OFFERS: CLOSE ENOUGH NOT GOOD ENOUGH

Dong v Song (No 3) [2018] ACTSC 226 The ACT Supreme Court has reaffirmed the overarching principles of offers of compromise…

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Legal Directions

NO LONGER PART OF THE GROUP: IT MAY NOT BE TOO LATE

Murray v Great Southern Managers Australia Ltd [2018] VSC 416 Facts In August 2011, a group proceeding was commenced on behalf…

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Legal Directions

Insurer escapes advance defence costs after non-disclosure

Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd’s Syndicate 2003 [2018] FCAFC 119 Background On 17 May 2017,…

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Legal Directions

EVERY CASE TURNS ON ITS FACTS

Jancevski v WR Engineering Pty Ltd [2018] ACT CA 34 Background The plaintiff was engaged by the defendant to install garage…

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Legal Directions

APPEAL DISMISSED IN SOAP DISH CASE

Taylor v Fisher [2018] WASCA 126 Background In our Legal Directions dated 22 March 2017, we reported on the decision of…

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Legal Directions