An impending flood of formal insolvencies or a continued decline?
Conventional wisdom says there will be a flood of insolvencies in a recession, but there are other forces at work08/09/2020
Meeting the rising tide of compliance
Compliance is a complex area for product manufacturers and suppliers25/04/2018
A time of change across the Australian insolvency landscape
Australian insolvency laws are currently in a state of flux as the Federal Government prepares to implement the most wide-reaching reform agenda in two decades17/10/2016
Developments in class action litigation in Australia
In the past few years, there has been increased interest and hype in and around class actions in Australia23/03/2016
Bankrolling Litigation: the status of litigation funding in Australia
The proliferation of class action law suits in Australia has created a lucrative environment for litigation funders22/03/2016
Pro arbitration trend continues with strong outlook to the future
It has now been just over four years since the 2010 amendments to Australia's International Arbitration Act 1974 (Cth) (IAA). The IAA had incorporated the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration (Model Law) and underwent substantial reform as a result. This...
01/09/2014
Mitigating your claim away: An unmitigated disaster
If Jane Austen had been an Insurance Claims Manager, she might have said, it is a truth universally acknowledged, that a policyholder who sustains an insured loss must take all measures reasonably within its power to mitigate it. Quite so, but what does this mean in practice? Must the insured incur...
01/06/2014
Ameliorative provisons: Moderating the contract or changing the cover?
Australia's much-litigated section 54 of the Insurance Contracts Act 1984 (Cth) is an example of a common class of statutory provision, designed to moderate the harsh effect of an insurance contract where, because of the insured's failure to comply strictly with a term, cover can be refused...
01/06/2014
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