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By Callan O'Neill
Statutory duty does not extend to persons who are not parties to the contract.
By Gabrielle Levette
In a recent decision the NSW Supreme Court held that the Building and Construction Industry Security of Payment Act 1999 (the Act) had no application to a Construction Risks Insurance Policy.
By Charles Thornley
Costs orders against non-party insurers are not common in Australia. However, the English authorities highlight the risk of direct cost orders against insurers whose insureds cannot satisfy a successful claimant’s costs. Plymouth & South West Co-Operative Society Ltd v Architecture Structure & Management Ltd demonstrates that insurers may not be protected by the fact that the policy limit of indemnity has been exhausted.
By Gareth Horne
The litigation funding industry in Australia has experienced significant change and development in recent times as it attempts to define its role in the domestic legal market.
By Brendan Hammond
Wotton + Kearney acts in this matter for QBE Insurance Limited which arose out of the closure of Beaconsfield Gold Mine following the roof fall on Anzac Day 2006 which caused the death of one miner and trapped two others underground for a number of weeks.
By Andrew Moore
On 3 August 2006 Bergin J of the NSW Supreme Court held that an indemnity provided to a director in a Deed of Indemnity, Insurance and Access extended to payment of the director’s costs of bringing defamation proceedings to protect his reputation. The reasoning was that defamation proceedings are the process by which a defamatory allegation is defended.
By Charles Thornley
On 30 August 2006 the High Court of Australia delivered two eagerly awaited judgments in Campbells Cash & Carry Pty Limited v Fostif Pty Limited [2006] HCA 41 and Mobil Oil Australia Pty Limited v Trandlen Pty Limited [2006] HCA 42 that are likely to set the stage for future reform and possible regulation of litigation funding.