In November 2020, the NSW Supreme Court of Appeal determined that insurers could not deny business interruption insurance claims based on an exclusion clause in certain policies that made specific reference to a repealed Quarantin...
Introduction The Full Court of the Federal Court of Australia has missed an opportunity to provide real clarity for unfair preference claims following its earlier decision abolishing the "peak indebtedness" rule. On 10 May 2...
In the wake of a fourth Victorian COVID-19 lockdown, insurers and policy-holders alike will be eager to see the resolution of various Australian court proceedings concerning whether business can recover their losses under their bu...
In Rohrt (in their capacities as joint and several liquidators of Rose Guerin and Partners Pty Ltd (in liq)) v Princes Square W24NY Pty Ltd (as trustee for the Rose Guerin and Partners Trust) [2021] FCA 483, Justice Anderson in th...
COVID-19 has had, and continues to have, a major impact on court processes for all parties involved. Courts have been quick to adapt by transitioning to video link hearings. While the height of the pandemic appears to be over in A...
Introduction The recent decision of Rees J in the New South Wales Supreme Court in the matter Re, Western Port Holdings Pty Ltd (Recs and Mgrs Apptd) (2021) 150 ACSR 274 ("Western Port") considers the vexed question of when a thi...
