Liability for psychological injury caused by a criminal act

  • Published 29.03.2017

Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21

How far does a liquidator’s Universal Distributing lien extend?

  • Published 23.03.2017

Primary Securities Ltd v Willmott Forests Ltd [2016] VSCA 309

Fraud on another policy doesn’t extinguish claim

  • Published 07.03.2017

Australian Executor Trustee Ltd v Suncorp Life and Superannuation Ltd [2016] SADC 89

Mandatory Data Breach Reporting Becomes Law

  • Published 16.02.2017

Privacy Amendment (Notifiable Data Breaches) Bill 2016

Credit only where credit’s due in the case of repairers

  • Published 08.02.2017

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.

The importance of perfection and effective registrations under the PPSA

  • Published 08.02.2017

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

Amendments affecting the Marine and transport industry - what to know going into 2017

  • Published 07.02.2017

Summary

Section 588FA claims – location, location, location

  • Published 25.01.2017

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.