Summary
The two recent Local Court judgments of Assessor Olischlager demonstrate a shift from the Court’s previous attitude of protecting the helpless insured, to understanding the prejudice suffered by insurers at the hands of repairers and often the insured themselves due to a lack of co-operation during the motor claim process.
Summary
Property with a value of $23,329,764 was leased by a lessor to a lessee. The lessor then lost that property altogether when the lessee had administrators appointed to it. The recent court decision in OneSteel1 reiterates that effective registrations under the Personal Property Securities Act 2009 (‘PPSA’) are vital.
The leases giving rise to the PPSA security interests
Summary
Summary
A cause of action based on section 588FA does not necessarily arise in the jurisdiction where it becomes complete. Rather, the Court will look at the series of relevant events to determine where, in substance, the cause of action arose.
That which is attacked under section 588FA is the disposition of property (eg a payment) in respect of an unsecured debt or claim. A debt may be secured by a number of means. These include the equitable lien available to a purchaser who has made payment but has not received title to the subject property.
Published | krystal prasad
The firm passed a significant milestone over the Christmas break with the retirement of Peter Turk from our partnership on 31 December 2016. Peter founded the firm and has successfully led it since 1981. Peter’s down to earth, open, accountable and courageous approach to legal practice will continue to be a part of our unique culture, practiced every day in the values of our firm. Our focus is on continuing the success of the firm, building on our unique characteristics to deliver even more value to our clients.
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
Fogarty v CGU Insurance Ltd [2016] ACTCA 62
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.
VWA v Probuild & Ors (No 2) [2016] VSC 615
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?