JOINING INSURERS TO PROCEEDINGS IN NEW SOUTH WALES
Rushleigh Services Pty Limited v Forge Group Limited (in liquidation) (Receivers and Managers Appointed) [2018] FCA 26 (31 January 2018)...
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Mark Sheller
Mar 9, 20182 min read
THE ORDER OF THINGS
Global Constructions Australia Pty Limited (in Liquidation)(“Company”) v AIG Australia Limited [2018] FCA 98 Background Sometimes an...
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Mark Sheller
Jun 23, 20173 min read
WHAT IF AN "ADVERSE COSTS" INSURANCE POLICY CANNOT SECURE DEFENCE COSTS?
INTRODUCTION The Federal Court of Australia recently heard argument about whether an insurance policy offering protection against an...
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Mark Sheller
Apr 13, 20174 min read
BIKIES, BROTHELS AND THE DUTY OF DISCLOSURE IN AUSTRALIA
Background Stealth Enterprises Pty Ltd (Stealth) owned and operated a brothel in the Australian Capital Territory known as “The...
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Mark Sheller
Apr 4, 20173 min read
ADVOCACY IMMUNITY
Introduction The High Court of Australia has paid the principle of "advocacy immunity" another visit. The Journey So Far In Giannarelli v...
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Mark Sheller
Jul 1, 20163 min read
SECTION 54 - BENEFITING INSURERS !
Who would have thought it ? After years of seeking unsuccessfully to curtail the scope of Section 54(1) of the Insurance Contracts Act,...
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Mark Sheller
Dec 12, 20154 min read
CLIMATE CHANGE AND INSURANCE
As the UN Climate Change Conference 2015 celebrates its work in Paris, the time seems opportune to look at climate change, the liability...
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Mark Sheller
Oct 23, 20153 min read
THE DUTY OF UTMOST GOOD FAITH AND DEEDS OF RELEASE
Here is an interesting case from the Supreme Court of NSW. Background The Insured lent money to third parties secured against real...
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Mark Sheller
Sep 17, 20152 min read
THE DUTY OF DISCLOSURE - KNOWING WHAT THE INSURER WANTS TO KNOW
Introduction I am not sure that what the Supreme Court of New South Wales has recently said about this issue is correct. You might have a...
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Mark Sheller
Sep 3, 20152 min read
DISCLOSING INSURANCE POLICIES IN NEW SOUTH WALES
A question which Courts are often asked to consider is whether or not an insured should be compelled to produce its insurance policy....
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Mark Sheller
Aug 25, 20152 min read
THE SHAPE OF THE DUTY OF UTMOST GOOD FAITH
A recent decision of the Supreme Court of Queensland concerned the collapse of a crane’s boom, the reasons for that collapse and whether...
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Mark Sheller
Jul 29, 20152 min read
PROPORTIONATE LIABILITY IN AUSTRALIA - ITS LIMITATIONS
The High Court of Australia has recently confirmed that the Commonwealth statutory proportionate liability and contributory negligence...
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Mark Sheller
Jun 10, 20153 min read
TACKLING MAJOR SHAREHOLDER EXCLUSION CLAUSES
The Supreme Court of Victoria recently oversaw an interesting debate about the operation of a fairly typical “major shareholder”...
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