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Court of Appeal reapportions liability for Lacrosse apartment tower fire
3 June 2021 | Insurance & Health LawIn March, we reported on the outcome of the appeal in the Lacrosse dispute. The Court of Appeal recently handed down a judgement on the apportionment of liability which we discuss below.
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Universal Music are not gonna take it anymore!
28 May 2021 | Insurance & Health LawClive Palmer has been ordered to pay $1,500,000.00 in copyright infringement damages to Universal Music Publishing, following his attempt to modify Twisted Sisters hit song “We’re Not Gonna Take It” to boost the United Australia Party’s 2019 election campaign.
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Federal Court finds AIG liable for Murray Goulburn class action under ‘Securities Claims’ cover
27 April 2021 | Insurance & Health LawThe 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.
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A Proprietary Interest is Golden
15 April 2021 | Insurance & Health LawIn 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...
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Promissory notes or broken promises? Misleading and deceptive conduct regarding financial products
6 April 2021 | Insurance & Health LawThe 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...
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Form trumps substance as builder escapes liability for fire
29 March 2021 | Insurance & Health LawIn 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.
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