Financial Services Bulletin - December 2016

  • Published 08.12.2016

Industry News

Mandatory Data Breach Reporting
On 19 October 2016, a Bill to amend the Privacy Act 1988 was presented to Federal Parliament which will bring Australia in line with other major economies in the area of mandatory data breach reporting

Insurer’s right to elect method of settlement of claim

  • Published 30.11.2016

Fogarty v CGU Insurance Ltd [2016] ACTCA 62

New travel insurance data sheds light on the market

  • Published 07.11.2016

Recent data released by the Insurance Council of Australia and the Department of Foreign Affairs and Trade has shed new light on the travel insurance industry. Whilst the data confirms what has been long understood within the industry, it does present areas of growth and development for travel insurers as more and more Australians travel overseas. Insurers should take note of this data when implementing new business development strategies to maximise the benefits available to customers whilst lowering the risk of potential disputes.

Who bears the costs of a successful defendant?

  • Published 26.10.2016

VWA v Probuild & Ors (No 2) [2016] VSC 615

How to protect a producing party’s financial interests when it’s compelled to produce documents

  • Published 11.10.2016

In the matter of NewSat Limited (receivers and managers appointed) (in liquidation) ACN 003 237 303 and the entities listed in the Schedule NSD1734/2015, 21 September 2016

In certain circumstances, a party who is under the compulsion of law – such as a subpoena or an order for production – to produce documents is entitled to be reimbursed its reasonable costs and expenses of compliance. In what circumstances may costs be recovered and what costs are recoverable?

Vicarious Liability for Intentional Wrongful Acts

  • Published 10.10.2016

Prince Alfred College Incorporated v ADC [2016] HCA 37

Financial Services Bulletin - September 2016

  • Published 19.09.2016

Industry News

Life Insurance Code of Practice
The FSC released a discussion draft of the Life Insurance Code of Practice in August. The Code will commence on 1 October 2016, and companies have a transition period until 30 June 2017

Productivity commission draft report on insurance within superannuation
The Productivity Commission recently released its draft report: How to Assess the Competitiveness and Efficiency of the Superannuation System (the Draft Report)

NSW Government response to the Legislative Council report into Remedies for the serious invasion of privacy in NSW

  • Published 14.09.2016

In our TurkAlert of March 2016 we foreshadowed the publication of the NSW parliamentary report on proposals for amending the law to combat serious invasions of privacy. On March 3 2016 as scheduled, the report was issued with seven recommendations.

Court of Appeal ‘trashes’ attempt to broaden Contractors & Labour Hire policy exclusion

  • Published 12.09.2016

Penrith City Council v Healey [2016] NSWCA 161

Expired deposit bond held to permanently satisfy purchaser’s deposit obligations before completion

  • Published 06.09.2016

The Supreme Court of NSW has found that a vendor on a contract for sale of land had no entitlement to a cash deposit from a purchaser after a deposit bond used in place of cash by the purchaser had expired.

The decision of Parkes v Mamo [2016] NSWSC 1129 highlights the care vendors should take to have in place contract clauses to protect themselves when unforeseen delays result in deposit bonds or other guarantees expiring before completion.