Insights Insights
  1. Wake up and smell the coffee

    25 June 2020 | Insurance & Health Law

    Caffitaly System S.p.A (Caffitaly), a large coffee machine manufacturer based in Italy, has suffered a setback following the recent decision of the Federal Court of Australia in which orders were made, among other things, for revocation of three of its...

  2. If it looks like a duck, swims like a duck and quacks like a duck… High Court gives broad interpretation to definition of “officer”

    16 April 2020 | Insurance & Health Law

    In a unanimous judgment, the High Court has overturned the decision of the Queensland Court of Appeal in respect of its narrow interpretation of the term “officer” under s 9 of the Corporations Act 2001 (Cth), finding it is not necessary for a...

  3. A win for directors because a breach of continuous disclosure obligations did not cause shareholder losses

    22 November 2019 | Insurance & Health Law

    Background This decision is the first Court decision arising out of a shareholder class action in Australia. The basic background facts are that on 11 September 2014, Myer’s chief executive officer represented that, in his opinion, for the 2015...

  4. Investing in Laundries – what happens when the spin cycle goes down the drain? Why specific notice of a claim is important.

    12 June 2019 | Insurance & Health Law

    The Supreme Court of NSW has determined the entitlement to cover of various persons associated with the Babcock & Brown group pursuant to professional indemnity and D&O policies of insurance for claims arising out of the failed investment in...

  5. Advance defence costs extensions – when aren’t insurers required to pay?

    17 September 2018 | Insurance & Health Law

    The Full Court of the Federal Court of Australia has recently confirmed that an insurer is not precluded, by virtue of an advance defence costs extension in a management liability policy, from relying upon its statutory entitlements under Part IV of the...

  6. Directors' duty to consider and respond to climate change risks – a perfect storm brewing?

    9 March 2018 | Insurance & Health Law

    Climate change risks are at the forefront of recent commentary regarding key risks for private and public companies. Climate related risks and the rising bar for directors in recognising foreseeable risks were considered by Graeme Howatson in his January...

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