The anticipated NSW Court of Appeal decision of Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd  NSWCA 67 highlights the current approach to insurance policy interpretation. Policies are read as commercial contracts and a businesslike … 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
We are excited to announce the latest edition of Wotton + Kearney’s Insurance Year in Review, a summary of legal developments and case learnings over the past 12 months relevant to the insurance industry. Our 9th edition comes to you in … 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  FC AFC 17. This case demonstrates that a professional services exclusion … Read More
Two recent decisions of the Western Australia Court of Appeal (Allianz Australia Insurance Ltd v Inglis  WASCA 25) and the NSW Federal Court (Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds  FCA 1) show that section … Read More
The NSW Court of Appeal’s recent decision in Nightingale v Blacktown City Council  NSWCA 423 has provided increased certainty of the level of “actual knowledge” of a risk that must be established in order to defeat a section 45 … Read More
Yesterday the High Court handed down its decision in CGU Insurance v Blakeley  HCA 2, a case which considers a third party claimant’s right to join an insurer to Court proceedings against an insured for the purpose of challenging … Read More
The Wrongs Amendment Act 2015 has now passed through the Victorian Parliament and received Royal Assent. The retrospective amendments to the Wrongs Act 1958 remove some restrictions on entitlements to compensation for personal injuries and may substantially increase the entitlements … Read More
It is likely that the Wrongs Act Amendment Bill 2015 will soon pass through the upper house of the Victorian Parliament. If this occurs, the Wrongs Act 1958 will be amended and certain amendments will operate retrospectively.
The Victorian Government is again looking at making amendments to the Wrongs Act 1958 which will have important implications for insurers and the conduct of personal injury claims.