Allens Arthur Robinson 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 [...]
Allens Arthur Robinson 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 [...]
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Debate about whether Wivenhoe Dam operators owe civil liability to Brisbane flood survivors needs to address liability protections that government organisations, like the operators of Wivenhoe dam, enjoy as a result of recent legislation. Read more of the article. Reproduced with the permission of Carter Capner Law.
Selected Seeds Pty Ltd v QBEMM Pty Limited [2010] HCA 37 I refer you the High Court media statement which provides a useful summary of the facts and issues. FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ 7. The insuring clause (cl 2.1) relevantly provided that the respondents agreed to pay to the appellant: “(a) [...]
Allens Arthur Robinson The UK Court of Appeal has added to the uncertainty surrounding employers’ liability insurance for long-term illnesses, recently holding that, while mesothelioma is ‘contracted’ at the time of exposure to asbestos fibres, no illness is ‘sustained’ until a tumour develops many years later. This controversial decision is now the subject of a [...]
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31 Allens Arthur Robinson The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins (view CV) and Law Graduate [...]
Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 Allens Arthur Robinson A recent Queensland Supreme Court judgment1 is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it [...]
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