Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval20 February 2018 | Insurance & Health Law
In an early Christmas present for a class of Westpac Bank customers who borrowed to invest in Storm Financial, the Federal Court approved a $7.5M class action settlement against the Bank. With around $2.5M of that amount payable in costs to the...
Claims Made Policy Sows the Seeds of Doubt16 June 2017 | Insurance & Health Law
The Federal Court held that not only was an insurer obliged to indemnify its insured because the claim arose out of a "wrongful' act under the policy, it was also liable for ancillary amounts claimed because they arose from the same set of...
Group proceeding no bar to raising individual claim4 May 2017 | Insurance & Health Law
The High Court upheld a decision of the Victorian Court of Appeal to allow defences to be pleaded by group proceeding members which ostensibly raised issues that had been the subject of earlier group proceedings. In Issue Anshun estoppel may not prevent a...
High Court affirms scope of advocates’ immunity28 April 2017 | Insurance & Health Law
High Court of Australia confirms advocates' immunity does not extend to negligent advice on whether to accept or reject an offer of settlement made during settlement negotiations in litigated claims. In Issue Whether advocates’ immunity extends...
Policyholder withstands the pressure of insurer’s attempt to deny indemnity6 April 2017 | Insurance & Health Law
Builder and insurer liable for damage to residential property following severe storm because cause of damage was defectively installed windows. In Issue Whether a construction supervisor was liable for the improper installation of windows by a third party...
Solicitor not liable to financier client despite breach of duty24 January 2017 | Insurance & Health Law
The NSWCA upheld the trial judge's decision that a financier failed to prove causation because it would have proceeded with a loan transaction despite its solicitor's breach of duty. In Issue Whether a plaintiff lender established causation, by...