When a loss exceeds the sum insured the deduction of GST from claim payments can be a source of contention between insureds and insurers.  However, there is surprisingly little case law on the construction of GST provisions in property insurance … Read More

On 3 April 2013 the High Court handed down its decision in the Vella case (Hunt & Hunt v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10), providing some much needed guidance on the controversial issue of the proper application of the … Read More

The recent decision of the English High Court in Clark v In Focus Asset Management & Tax Solutions Ltd [2012] EWHC 3669 has opened the gates for complainants who have had their dispute favourably determined by the UK Financial Ombudsman … Read More

Welcome to the 2012 Wotton + Kearney “Insurance Year In Review” publication. We delayed the publication of this edition slightly this year to ensure it covered the 2012 year in its entirety. This has allowed us to include reference to some … Read More

Partner Andrew Moore and Special Counsel Matthew Foglia were recently interviewed by Australasian Legal Business in relation to the possible impact on the insurance industry of last month’s catastrophic events in New York.

Very few sections of Victorian legislation are as well known (and are as despised by so many!) as s138 Accident Compensation Act 1985 (Vic) (ACA). The section entitles the Victorian WorkCover Authority (VWA), Victoria’s statutory WorkCover insurer, to seek an … Read More

On 20 June 2012 the Victorian Government introduced into Parliament the Civil Procedure Amendment Bill 2012 (Amending Bill). The Amending Bill builds on the foundations of the Civil Procedure Act 2010 that was introduced in early 2011. The Amending Bill … Read More

The High Court has handed down its judgement in the long running James Hardie saga and held that 7 former directors and 1 officer were guilty of approving a misleading ASX announcement regarding the funding of asbestos liabilities.  The case … Read More

In the attached article, published in the May edition of Chartered Secretaries Australia’s journal “Keeping Good Companies“, Michael Bath, Gabrielle Levette and Claire Campbell discuss the cases of Mainstream Aquaculture Pty Ltd v Calliden Insurance Ltd and Tropical Reef Shipyard … Read More

In December 2011, the Victorian Court of Appeal upheld a “record” jury award of general damages to a mesothelioma victim in the amount of $730,000. On the afternoon of Wednesday 18 April 2012, and on the eve of the High … Read More