TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree. Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’ applied to a contract of sale based on Victorian law. The CISG’ has been adopted worldwide […]
the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….
This decision could further dilute the application of Hammoud Brothers and the availability of the ‘no insured event’ defence for insurers. Ultimately insurers should be reviewing the wording of their policies to ensure that insured events are worded in such a way as to require insureds to discharge their burden of proving fortuitous insured events.
We will not cover your legal liability for injury to any person who normally lives with you… – The Allianz small print
Following ASIC action, Allianz Australia Insurance Limited (Allianz) has compensated 740 Petplan insurance customers over $231,000 and its agent, Petplan Australasia Pty Ltd (Petplan), has corrected its Petplan advertising.
However, what we are seeing more frequently is the erosion of that ‘limited liability’. In addition to their obligations under the Corporations Act 2001 (Cth) and the common law, directors may find themselves exposed to personal liability in certain circumstances for breaches of other laws by the company. For example:
The Coroner found that the Guidelines, whilst not a set of rules or instructions, represented best practice. The Guidelines provided a number of steps to manage risks .
When entering into a settlement and subrogation agreement, it is essential that you are comfortable with the amount for which you are indemnifying the insured. If the amount is based on unreasonable assumptions and figures, or you are in fact mistaken about the loss suffered, the insured amount may not be recoverable in any subrogation claim.
TweetCURRENT CASE STUDY FOR DISCUSSION Facts : A home owner wants to build a pergola and decking at the back of his house. He gets a number of quotes and also invites a Handyman (who did a letterbox drop) to price the job. The Handyman has not done a project this size and informs the owner […]