Financial Lines

  Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and … Read More

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases … Read More

In recent years, the issue of environmental protection has grown in importance.  As a result, the powers of the NSW Environmental Protection Authority (the EPA) to investigate and prosecute environmental offenders (including corporations and individuals) are being increasingly applied. Last … Read More

The Australian Securities and Investments Commission (ASIC) recently announced that it has become one of the first signatories to a new co-operative agreement between leading international securities regulators in the UK, USA, Hong Kong, British Columbia and Singapore. In our … Read More

With the increasing number of litigation funders and plaintiff class action law firms, the threat of multiple competing class actions in respect of the same issues and the associated increased costs are an ever increasing risk for both insurers and … Read More

First time the Court has imposed a penalty on an Australian Financial Services Licensee (Licensee) for breaches of the best interests duty On 30 March 2017, Justice Moshinsky of the Federal Court of Australia (Court) delivered judgment, declaring multiple breaches … Read More

Ku-ring-gai Council v Chan [2017] NSWCA 226 WHAT YOU NEED TO KNOW The New South Wales Court of Appeal has delivered a decision that creates significant difficulties for subsequent purchasers of domestic properties who seek recovery from building consultants for … Read More

On Monday, 12 December 2016, his Honour Justice Sifris of the Supreme Court of Victoria handed down judgment in the matter of Melbourne City Investments Pty Ltd v Myer Holdings Limited [2016] VSC 655. Click below to read a brief … Read More

The elephant in the room in all shareholder class actions was whether shareholders had to establish their own reliance on the contravening conduct, or could merely rely on that conduct’s effect on the market, akin to the US concept of … Read More

The Victorian Full Federal Court has recently clarified the operation of a professional services exclusion within a D&O policy in Chubb Insurance Company of Australia Limited v Robinson [2016] FC AFC 17. This case demonstrates that a professional services exclusion … Read More