Federal Court of Australia rules against TAL Life Limited8 April 2021 | Insurance & Health Law
Federal Court finds insurer guilty of breaching its duty to act with utmost good faith towards an insured.
Form trumps substance as builder escapes liability for fire29 March 2021 | Insurance & Health Law
In this important case, the Court of Appeal has endorsed the view that whether a cause of action is apportionable will be determined by reference to the form, rather than the substance of the claim clarifying the correct approach to determining whether a claim is apportionable.
Financial institution unable to join insurer to costly lawsuit against ex-financial advisor18 March 2021 | Insurance & Health Law
The court refused to grant leave for financial institution, Count Financial, to join the insurer of its former financial advisor Mr Inderesan Pillay to a proceeding. Mr Pillay was alleged to have breached his duty of care to his clients when providing financial advice, in turn leaving his clients...
Full Federal Court reluctantly confirms Brit on working holiday is an independent contractor, not an employee15 March 2021 | Insurance & Health Law
A CFMMEU backed worker has had his claim for compensation and orders for penalties under the Fair Work Act 2009 (Cth) rejected on the basis that he was an independent contractor and not an employee covered by the legislation. Judges lament being bound by...
Claim for rectification of Side C sublimit cover: each excess layer to be individually considered22 February 2021 | Insurance & Health Law
A shareholder class action was brought against Quintis Ltd (Subject to Deed of Company Arrangement). A claim was then brought against Quintis’ D&O insurers seeking rectification of Side C cover under a multilayered Directors’ and Officers’ liability programme on the basis that the $10 million...
Full Federal Court Comments on Operation of Exclusion Clause to Victorian Lockdown Losses3 February 2021 | Insurance & Health Law
In Issue The applicant claimed indemnity from the respondent insurer for losses resulting from COVID-19 lockdowns in Victoria. The question posed to the Full Court of the Federal Court concerned the proper construction of an exclusion clause in...