Recent insurance case- no charge on insurance moneys

A claimant established that her solicitor was liable in negligence and had an arguable case that the solicitor’s professional indemnity insurance policy responded but, because the contract of insurance was made after the liability arose, the claimant had no right … Continue reading

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Recent insurance case — Non disclosures by life insured

In order that the remedies under s 29 of the Insurance Contracts Act 1984 may be available, it must be shown that fraudulent non-disclosures or fraudulent misrepresentations are relevant and induced the insurer to accept the risk. However, implicit in … Continue reading

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Recent insurance case — Application to strike out

Section 9 of the Law Reform Act 1936 (NZ) creates a charge on any insurance money payable under a policy of insurance on the happening of an insured event. That charge will arise as a matter of law and its … Continue reading

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Have you wondered what all the fuss around bitcoin is?

If you are like me and born in the days when a mobile phone was still the home phone you could plug in to different room extensions, then you may be wondering what is a bitcoin and should I have … Continue reading

Posted in Commercial Law, Tax | 1 Comment

Recent insurance case — Application to strike out

  Section 9 of the Law Reform Act 1936 (NZ) creates a charge on any insurance money payable under a policy of insurance on the happening of an insured event. That charge will arise as a matter of law and … Continue reading

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ACCC targets petrol price sharing

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Informed Sources Pty Ltd and various petrol retailers alleging a petrol price sharing network that contravenes s 45 of the Competition and Consumer Act 2010.  Informed Sources offers a … Continue reading

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Power to order medical examination in disability case

While the Administrative Appeals Tribunal (Cth) can require evidence to be provided to assist it in its decision-making, the parties are encouraged to gather all the evidence necessary to support their respective cases. Further, if there is provision in an … Continue reading

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Injury sustained during altercation not in the course of employment

A worker has failed to convince the Administrative Appeals Tribunal (AAT) that the injuries he sustained during an altercation had arisen out of or in the course of his employment. Facts Mr O’Loughlin was delivering fuel at a petrol station … Continue reading

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Administrators required to pay damages for sale of goods

In THC Holdings Pty Ltd v CMA Recycling Pty Ltd [2014] NSWSC 1136 the court ordered the liquidator of the defendant company to pay a supplier damages under s 1324(10) of the Corporations Act 2001 (Cth) after the disposal of goods. Although the Personal Property Securities Act … Continue reading

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Statutory review of the PPSA — interim report released

 Section 343 of the Personal Property Securities Act 2009 (Cth) (PPSA) requires a review of the operation of the Act to be undertaken within three years. On the 4th of April 2014, the Commonwealth Attorney-General announced that the review would be chaired … Continue reading

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