Federal Court finds AIG liable for Murray Goulburn class action under ‘Securities Claims’ cover27 April 2021 | Insurance & Health Law
The Federal Court has found against AIG in coverage of class action claims related to the Murray Goulburn dairy group and Webster as the traded units involved met the securities definition.
A Proprietary Interest is Golden15 April 2021 | Insurance & Health Law
In this case a solicitor and senior counsel were found negligent for failing to give their client advice with due care and skill when recommending that the client terminate an agreement. In reaching its determination, the Court considered the significance of recommending termination was not...
Promissory notes or broken promises? Misleading and deceptive conduct regarding financial products6 April 2021 | Insurance & Health Law
The Plaintiff invested $1 million in unsecured promissory notes with Mayfair Group, which were repayable after three months (subject to caveats). Due to the onset of the COVID 19 pandemic, Mayfair Group elected not to repay the promissory notes. The Plaintiff commenced proceedings against the...
A Source of Hope Yet a Test of Faith; Can Health Practitioners Conscientiously Object to the COVID-19 Vaccines?18 March 2021 | Insurance & Health Law
AHPRA and the National Boards’ joint position statement on the COVID-19 vaccines strongly implores all health practitioners to be vaccinated during the rollout. For practitioners who have a conscientious objection to the vaccine, we discuss how they are currently permitted to raise this objection,...
Financial Product Advice – This time it’s personal2 March 2021 | Insurance & Health Law
The High Court considered an appeal from a judgment of the Full Court of the Federal Court of Australia. The appellants (collectively ‘Westpac’) had given financial product advice to superannuation fund members over the phone and advised each to roll over their external superannuation accounts...
Fairfax falters with Honest Opinion Defence12 February 2021 | Insurance & Health Law
In this decision the Federal Court of Australia considered the criteria for the defence of honest opinion in the context of allegedly defamatory imputations published in the Australian Financial Review, and whether the publisher’s conduct was...