When will access to a liquidator’s confidential affidavit in support of public examination be granted?

  • Published 21.07.2020

Key Takeaways

In the matter of Secatore, in the matter of Last Lap Pty Ltd (in liq) (FCA 2020), the FCA considered when it is appropriate for the Court to grant access to a liquidator’s confidential affidavit in support of an application for public examinations pursuant to ss596A and 596B of the Corporations Act 2001 (Cth) (the Act).

Life Insurance Bulletin - July 2020

  • Published 15.07.2020

Note from the Editor - July 2020

  • Published 15.07.2020

Welcome to the 2nd edition of this year’s Life Insurance Bulletin.

Everyone I trust is now a Zoom warrior and working remotely, well, it seems like we have been doing it all our lives.

Summary of legislative changes to remote witnessing and electronic execution of documents in response to COVID-19

  • Published 15.07.2020

Key Takeaways 

Whilst the life insurance industry has adjusted relatively smoothly to remote working during the current medical emergency, one aspect of dealing with disputes that does not sit well with this new way of doing things is the execution and witnessing of formal documents such as defences, deeds and affidavits.

Federal Court supports application of the Colella ‘capacity’ approach to an ‘unlikely ever to be able’ TPD definition

  • Published 15.07.2020

Key Takeaways

In the decision of Felix v NULIS Nominees (Australia) Ltd, the FCA has dismissed a statutory SCT appeal by a super member against the SCT’s decision to affirm a TPD decline involving an ‘unlikely ever to be able’ TPD definition.

AFCA disregards policy trauma definition – ‘fairness’ to the insured was again the determinative factor

  • Published 15.07.2020

Case 658132

Key Takeaways

Once again, in considering a trauma policy, AFCA has demonstrated that it is not constrained by the terms of the actual policy in its pursuit of fairness for the consumers of insurance products.

Federal Court rules on ‘casual’ employment with potential implications for group life cover

  • Published 15.07.2020

Key Takeaways

In group policies where benefit levels are determined by an insured’s formal employment classification, the term ‘casual employment’ is often a critical (but often undefined) concept.

LICOP Post Hayne FSRC – A recap and update

  • Published 15.07.2020

The Story So Far