Losing chances: the High Court’s decision in Tabet v Gett [2010] HCA 12 and the renewed focus on causation Introduction The High Court’s decision in Tabet v Gett [2010] HCA 12 was handed down on 21 April 2010.  This case … Read More

The High Court last week confirmed that insurers bear the onus of proving the limit of indemnity under their policies [1]. Background Mr Stewart (Stewart) alleged that he was exposed to asbestos fibre causing the deadly lung condition, mesothelioma, during … Read More

Introduction The High Court has dismissed an appeal against the judgment of the Full Court of the Federal Court of Australia which found the deed of company arrangement (DOCA) approved by the creditors of Lehman Brothers Australia Limited (Lehman Australia) … Read More

This is a new publication intended to provide a brief overview of developments and important issues occurring in the Financial Lines environment.

Introduction On 18 November 2009, Austin J delivered his long awaited judgment [1] in the drawn out claim by the Australian Securities and Investments Commission (ASIC) against two directors of the now defunct One.Tel for breaches of their duties of care … Read More

Welcome to the annual Wotton + Kearney “Insurance Law Review” publication. Twelve months ago insurers began to experience a decline in value across most asset classes as the Global Financial Crisis took hold. Realised and unrealised losses resulted as the biggest … Read More

In the matter of Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd [2009] FCAFC 147 the full Federal Court was asked to consider whether a funded class action constitutes a Managed Investment Scheme as defined in s9 of … Read More

The interpretation of choice of law and jurisdiction clauses in commercial contracts represents an area of growing significance as contractual relationships increasingly transcend jurisdictional boundaries.  The issue is of particular relevance to insurers extending cover for claims that might arise … Read More

On 2 September 2009, the High Court of Australia (French CJ, Gummow J, Hayne J, Heydon J and Bell J) delivered a unanimous decision in Leighton Contractors Pty Ltd v Fox & Ors and Calliden Insurance Limited v Fox & … Read More

On 30 July 2009, in one of its last decisions before becoming the Supreme Court of the United Kingdom, the House of Lords struck out a claim brought by liquidators of Stone & Rolls Limited (S&R) against its auditors Moore … Read More