Allens Arthur Robinson

In brief: Dismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an insurer by the administrator of the federally funded HIH policyholder relief scheme. The High Court held that the administrator’s obligations were not coordinate with an insurer’s liability to pay a claim under an insurance policy it had issued in respect of the liability giving rise to a payment the scheme made. Partner Dean Carrigan (view CV), Senior Associate Andrew Byrne and Lawyer Alice Dillon report on the High Court’s decision.

• Background
• Procedural history
• The High Court decision
• Implications

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: A recent decision of the Supreme Court of New South Wales highlights the importance of assessing the limits on rights of contribution when issuing insurance policies. Partner Dean Carrigan (view CV), Senior Associate Philip Hopley and Lawyer Patricia Abordo report.

• Background
• The referral
• The decision
• Comment

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

Johnson v Triple C Furniture & Electrical Pty Ltd [2010] QCA

In brief: A recent decision of the Queensland Court of Appeal raises questions about the scope of section 54 of the Insurance Contracts Act 1984. Partner Michael Quinlan (view CV) and Law Graduate Janis Dunnicliff report.

• Background
• The decision
• Comment

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: A recent decision of the New South Wales Supreme Court has highlighted the pitfalls for insurance brokers who give unqualified advice on the legal effect of policy provisions. Partner John Edmond (view CV) and Senior Associate Philip Hopley report.

• Background
• The decision
• Comment

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: Members of the former James Hardie Group insured by HIH have established their entitlement to payment of reinsurance recoveries held by the liquidators of HIH. Partner Dean Carrigan (view CV), Lawyer Larissa Chu and Law Graduate Alexander Edwards report.

• Background
• The decision
• Conclusion

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: In recent days the Federal Government has announced a number of initiatives in response to the natural disasters experienced early this year such as the Queensland floods and Cyclone Yasi. Partner Dean Carrigan (view CV), Senior Associate Amanda Taylor and Lawyer Hashini Panditharatne report.

• Reform of natural disaster relief and recovery arrangements
• National disaster insurance review
• Mandatory definition of ‘flood’
• Conclusion

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.