Khan v Host-Plus & MetLife (VCC 2024)

The recent decision by the County Court in MetLife v Khan is noteworthy, not only because of the Court upholding MetLife’s decision at Stage 1, but for providing welcome recognition of the boundaries of enquiries a life insurer has a duty to make when assessing a TPD claim.

Background

The plaintiff was a former food and beverage attendant who ceased such work at age 35.

Key Takeaways

Administrators need to ensure they make their own enquiries of a secured Creditor who is seeking their consent to be appointed under s436C Corporations Act (the Act). They cannot accept, without enquiry, that the secured Creditor’s right to do so has arisen.

Key Takeaways

In mid-2024, ASIC approved updates to the Banking Code of Practice (Code) which take effect from 28 February 2025.

New Code

The updated Code has a keen focus on inclusivity and accessibility and offers further protections for banking customers, guarantors and vulnerable customers. The updates include:

Al Anzi v Skyview Formwork Pty Ltd (NSWPIC 2024)

Link to Decision

Link to Video

Key Takeaways

Kendall v Woollahra Municipal Council (NSWPIC 2024)

Link to Decision

Link to Video

Key Takeaways

Makdessi v Millennium Security Specialist Services Pty Ltd (NSWPICPD 2025)

Link to Decision

Link to Video

Recent Decisions

Member exercises jurisdiction to determine workers WPI where no offer is made by insurer
Kendall v Woollahra Municipal Council (NSWPIC 2024)