Insights

Dual Insurance – What is it, Why do you care & How does it work?

  • 18 Aug 2017

Dual Insurance arises when the same risk is covered by two (or more) independent but overlapping insurance policies. The key question to ask is "if the insured were to be paid under both polic...

TPD Insurers have no duty to act as employment agents

  • 04 Aug 2017

The NSW Supreme Court has held in Dotlic v Hannover Life Re of Australasia Limited1 that in Total and Permanent Disablement ("TPD") claims it is not a life insurer's responsibility to...

Container Deposit Scheme: Now the hard work begins

  • 04 Aug 2017

On 29 July 2017, the Minister for the Environment, Gabrielle Upton announced Exchange for Change and TOMRA-Cleanaway had been appointed to run NSW's new Container Deposit Scheme (CDS).Under the...

Implied contract after the expiry of an express fixed term contract

  • 04 Aug 2017

IntroductionOn 31 May 2017, the appeal division of the Supreme Court of New South Wales (McColl, Macfarlan and Simpson JJA) handed down a unanimous decision in CSR Limited v Adecco (Australia) Pty ...

Institutional Responses to Child Sexual Abuse - Consultation Paper

  • 03 Aug 2017

After hearing the stories of thousands of victims of child sexual abuse, the NSW Government Consultation paper on the civil litigation recommendations of the Royal Commission into Institutional Res...

Reforms to address corporate misuse of the Fair Entitlements Guarantee Scheme

  • 24 Jul 2017

The Fair Entitlements Guarantee Scheme provides cover for certain employees who have lost their jobs due to the insolvency of their employer. It is intended to be a scheme of last resort to support...

Aquagenics and Break O'Day Council – insurer on the hook for delayed notification

  • 10 Jul 2017

Aquagenics and Break O'Day Council – insurer on the hook for delayed notification1The recent case of Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's a claim ...

Facial analysis software for life insurance - what you need to know

  • 05 Jul 2017

The life insurance industry is on the verge of a huge transformation following the development of new facial analytics technology. The new technology could dramatically speed up the application pro...

SOPA moves into the 21st century: email service now permitted in certain circumstances

  • 29 Jun 2017

An amendment to the notice provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) came into effect on 27 June 2017.1Section 31 of the Act has been amended...

Managing sexual harassment in modern Australian workplaces – what's changed?

  • 08 Jun 2017

Recently we presented to a full room of clients on managing sexual harassment in modern Australian workplaces. It is an issue that has their attention and is being taken very seriously.What has cha...

Insolvency Law Reforms – Update

  • 08 Jun 2017

On 1 June 2017 the Federal Government introduced the Treasury Law Amendment (2017 Enterprise Incentives No.2) Bill 2017 into parliament. If enacted, the legislation will bring a major shake-up...

"Pollution" vs "Contamination" - what does your insurance cover?

  • 05 Jun 2017

In proceedings in the Supreme Court of NSW a family company, Amashaw, successfully challenged the refusal of its insurer, Marketform, to provide indemnity. The losses for which Marketform had ...

When has a TPD benefit "accrued"?

  • 25 May 2017

This Victorian Court of Appeal decision of MLC v Daffy on 15 May 20171 confirms a total and permanent disability (TPD) benefit does not "accrue" at the time of injury, but rather only acc...