LUCK OF THE DRAW - MORE ON NSW OFFERS OF COMP
I don't imagine litigants in New South Wales are particularly amused by the uncertainty in that state surrounding Offers of Compromise. Until the issue comes before the Court of Appeal again, or goes...
View ArticleHong Kong enacts Mediation Ordinance
The enactment of the Mediation Ordinance Cap 620 (the Mediation Ordinance) further bolsters Hong Kong's reputation as a leading centre for dispute resolution in the Asia Pacific region. The Mediation...
View ArticleRatings agencies are no longer bullet proof
The Australian Federal Court has delivered a landmark first instance judgment which holds a credit rating agency liable for the first time (among other things) for the negligent AAA rating of a...
View ArticleFines and disqualifications confirmed (and reduced) for former James Hardie...
The New South Wales Court of Appeal judgment handed down on 12 November 2012 confirmed the penalties against James Hardie Industries' (James Hardie) former non-executive directors and former company...
View ArticleThe health benefits of Beauty and the Geek
Okay, I'll admit it. I've watched a few episodes. Perhaps more. However, at least now I can say that it was 'legal research'. Indeed, in the recent judgment of Marshall v Commonwealth of Australia...
View ArticlePUTTING THE BRAKES ON DIRECTORS' PERSONAL LIABILITY
In recent years there has been a proliferation of legislative provisions imposing personal liability on directors and officers (D&Os) by deeming them to have committed the offences of the company....
View ArticleProportionate liability and arbitrations - no dice
On 29 November, the WA Supreme Court found that the proportionate liability regime does not apply to commercial arbitrations. Justice Beech determined the question (at least in part) in the case of...
View ArticleCANBERRA'S COURTROOM BLITZ
In December 2011, the ACT Government announced measures to tackle the backlog of cases in the ACT Supreme Court. These included introducing a 'docketing' system, and bringing in two Acting Judges -...
View ArticleMore on what isn't an apportionable claim
On 23 November 2012, the New South Wales Supreme Court found that a claim for indemnity under a policy of insurance is not an apportionable claim to which proportionate liability applies.Bergin CJ in...
View ArticleHigh Court gets the proportionate liability vibe?
Yesterday, the High Court of Australia heard the appeal by Hunt & Hunt Lawyers from the judgment of the New South Wales Court of Appeal in Mitchell Morgan Nominees Pty Ltd & Anor v Vella &...
View ArticleAustralian High Court finds a judgment is not always a judgment
A person who has suffered damages as a result of a tort and brings separate actions against tortfeasors liable in respect of the same damage cannot recover more than the amount of damages awarded by...
View ArticleExecutive Remuneration - further reforms
The Federal Government has released draft legislation and explanatory material for consultation to continue its reforms of executive remuneration and to further clarify the test for the payment of...
View ArticleUS Shareholder Class Actions relating to Chinese Reverse Take-Overs
Many practitioners and industry professionals will be aware of the increasing number of shareholder class actions in recent years against Chinese companies that have been listed on the US stock...
View ArticleNSW 'out of the frying pan' over fire
The largest single civil case before the ACT Supreme Court has come to an end. In Electro Optic Systems Pty Ltd v The State of New South Wales; West & West v The State of New South Wales [2012]...
View ArticleBridgecorp Overturned!
The New Zealand Court of Appeal has today handed down its decision, unanimously overturning Lang J's decision at first instance. You can access a copy of the full judgment here. In Steigrad v BFSL 2007...
View ArticleThe Crowley case: police duties, mental health care and negligence in the ACT
On 17 December 2012, the ACT Court of Appeal handed down its judgment in The Australian Capital Territory v Crowley, The Commonwealth and Pitkethly [2012] ACTCA 52 (Crowley), reversing the trial...
View ArticleDLA Piper's Rights in Data Handbook 2013
Given the fast growing area of data protection insurance, InsuranceFlashlight has created a new category of Privacy/Data Protection. The DLA Piper international Intellectual Property & Technology...
View ArticleBrokers' duty to advise on sub-limits
One constant challenge for insurance brokers is determining when specific advice needs to be provided to clients about particular coverage features or limitation. Clearly a broker cannot be required to...
View ArticleClarifying insuring clauses: liability to pay compensation for a claim made...
In Hamcor Pty Ltd and Anor v The State of Queensland and Ors [2013] QSC 9, the Supreme Court of Queensland was called upon to determine whether the costs incurred by the plaintiffs in remediating their...
View Article9/11 terrorist attacks on the World Trade Center - one event or two?
A UK High Court decision on 8 February 2013 has removed any uncertainty in the reinsurance market by upholding an arbitration tribunal's decision that the terrorist attacks of 11 September 2001 on the...
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