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

In Wynn Tresidder Management Pty Ltd v Barkho [2009] NSWCA 149 the NSW Court of Appeal considered whether a breach of Regulations under the Occupational Health and Safety Act 2000 (NSW) (OHSA) conferred a private cause of action on a … Read More

The decision of the Victorian Court of Appeal in QBE Insurance (Australia) Limited v Lumley General Insurance Limited [2009] VSCA 124 (QBE v Lumley) highlights that basic principles of justice and the desire of the courts to prevent unjust enrichment … Read More

In Victoria workers who suffer a Serious Injury have a right to seek common law damages against the worker’s employer and, where applicable, against other negligent third parties.  Such actions have been frequent in labour hire situations, e.g. where a … Read More

The duty of care owed by a proprietor to patrons injured by criminal behaviour in a nightclub: the law consolidated and explained by the NSW Court of Appeal. The liability of the licensee of a nightclub and restaurant to persons … Read More