Cyber Risk Management – Quick and Effective Implementation?
Introduction In the modern age, Australian Financial Services Licence holders and their authorised representatives hold vast amounts of...
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Mark Sheller
Oct 15, 20214 min read
Unfair Contract Terms - Punishing Unfairness
Introduction After extensive submissions and consideration, the Australian Treasury Department has released a proposed bill (‘Bill’)...
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Mark Sheller
Sep 2, 20213 min read
Unfair Contract Terms – Exemplifying Unfairness
Introduction As the insurance industry in Australia continues to come to grips with its exposure to the unfair contracts act regime,...
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Mark Sheller
Jul 22, 20215 min read
Locking the Insurer In - The Key Perspective
Introduction In Australia, the duty of utmost good faith continues to develop a strong voice in governing the relationship between the...
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Mark Sheller
Jul 15, 20215 min read
Locking the Insurer In
Introduction While making good any claim for indemnity, an insured may secure from the insurer a position which is beneficial to that...
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Mark Sheller
Jul 8, 20215 min read
Joining the Dots - Going from Notification to Indemnity.
Introduction One of the most intricate elements of an insurance policy can be its process for notifying its insurer and, in so doing,...
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Mark Sheller
Jun 14, 20214 min read
Climate Change - Owing a Duty of Care to Future Generations
Introduction A recent application in the Federal Court of Australia has explored the challenging question of where responsibility for...
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Mark Sheller
May 18, 20214 min read
When it is difficult to choose Who.
Introduction Class actions are a prominent if not a permanent feature of the litigious landscape in Australia. But what happens when...
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Mark Sheller
May 11, 20215 min read
Fixing It!
The Construction and Rectification of an Insurance Policy in Australia – Rectification Introduction The increase in litigation in...
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Mark Sheller
May 11, 20212 min read
Perspective
For the last few months, I have been writing about developments in Australian Insurance law whether they be regulatory or judicial in...
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Mark Sheller
Apr 11, 20213 min read
Making Sense of It!
The Construction and Rectification of an Insurance Policy in Australia – Construction Introduction With the developing swell of...
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Mark Sheller
Mar 29, 20213 min read
What Lies Beneath - ASIC and Unfair Insurance Contracts
Introduction On 5 April 2021, a fundamental change to the Insurance Contracts Act 1984 (Cth) commences. From that date, Section 15 will...
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Mark Sheller
Mar 21, 20213 min read
The Report Card - Compliance with the General Insurance Code
Introduction I have recently written about the significant impact that the forthcoming changes to the General Insurance Code of Practice...
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Mark Sheller
Mar 14, 20215 min read
Finding the Human Touch in the Duty of Utmost Good Faith.
Introduction A couple of weeks ago I wrote about how the duty of utmost good faith is becoming a powerful force in Australian insurance...
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Mark Sheller
Mar 8, 20213 min read
Unlocking Defence Costs
Introduction Unfortunately for many, particularly company directors, working in a more and more litigious environment, accessing defence...
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Mark Sheller
Feb 28, 20215 min read
What can Be Unfair About a Contract of Insurance?
Introduction The notion that a contract or its terms might be unfair is not new. Right? Over the years there have been many cases from...
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Mark Sheller
Feb 21, 20215 min read
Inviting an Insurer to the Party in New South Wales
Introduction Over the last few years, I have written occasionally about plaintiffs accessing a defendant’s insurance policy or (following...
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Mark Sheller
Feb 13, 20213 min read
Finding Meaning in an Insurance Policy
Introduction Even though endless hours may be spent drafting an insurance policy, making sure that every ‘t’ is crossed and every ‘i’...
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Mark Sheller
Feb 7, 20215 min read
Claims Handling and the Duty of Utmost Good Faith - Insurers Beware!
Introduction There is nothing more important than how an insurance policy responds to a claim against that policy. It validates the...
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Mark Sheller
Feb 1, 20213 min read
Imposing Sanctions - The 2020 General Insurance Code of Practice
Introduction The 2020 General Insurance Code of Practice is about self-regulation. In recent update on the pending changes to the General...
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