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Carmen Elder

Author's details

Name: Carmen Elder
Date registered: 10 September 2013

Latest posts

  1. Policy interpretation comes down to the “natural and ordinary meaning” — 3 August 2017
  2. Solicitor and barrister restrained from acting in litigation — 5 December 2014
  3. Compulsory examinations for financial planners on the horizon — 1 December 2014
  4. FOFA reforms rejected by the Senate — 20 November 2014
  5. Financial affairs structure dodges a “related entities” exclusion — 24 October 2014

Most commented posts

  1. Contracting out of proportionate liability upheld – Perpetual Trustee v CTC — 1 comment

Author's posts listings

Policy interpretation comes down to the “natural and ordinary meaning”

A recent judgment from the Victorian Supreme Court’s Insurance List, Guastalegname v Australian Associated Motor Insurers Ltd [2017] VSC 420, provides a succinct summary (and helpful refresher) of the principles to be applied when interpreting a policy of insurance. The case concerned the interpretation of a soil movement exclusion in a Home Building Insurance policy …

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Solicitor and barrister restrained from acting in litigation

The Supreme Court in Victoria recently took the unusual step of assessing whether to exercise its inherent jurisdiction to restrain a solicitor and barrister from acting for a defendant to proceedings.

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Compulsory examinations for financial planners on the horizon

ASIC has used its opening address to the Parliamentary Joint Committee on Corporations and Financial Services to advocate for compulsory examination of financial planners.  Whilst currently only at the concept stage, ASIC has expressed its desire for industry-set examinations to achieve its desired outcome of lifting financial advisor standards and delivering a minimum standard of …

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FOFA reforms rejected by the Senate

The Abbott Government’s Future of Financial Advice policy has been rejected by the Senate after support for the reforms were withdrawn by Senators Jacqui Lambie and Rick Muir.  In response to rejection of the reforms, ASIC has advised that it will work closely with licensees to implement the law as it stands, ‘taking a facilitative …

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Financial affairs structure dodges a “related entities” exclusion

The Queensland Supreme Court recently delivered a judgement demonstrating how an exclusion intended to exclude claims from which the Insured may benefit directly or indirectly did not do its work due to the way in which the Insured had structured his financial affairs.  In Liberty International Underwriters v The Salisbury Group Pty Ltd (in liq) …

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Insurance broker not responsible for setting sum insureds

The UK Queen’s Bench division has recently confirmed that an insurance broker is not responsible for setting sums insured under business interruption insurance. In Eurokey Recycling Ltd v Giles Insurance Brokers [2014] EWHC 2989 the Court considered a claim by a grossly underinsured client who alleged its insurance broker had negligently advised and failed to …

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Amlin v Austcorp – It’s all in the wording

In Amlin Corporate Member Ltd v Austcorp Project No 20 Pty Limited [2014] FCAFC 78, the Full Court of the Federal Court rejected the insurers’ argument that certain policies did not respond because the claim was made before the policies incepted. This was a determination of a separate question concerning the interpretation of policies. At …

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Privilege – communications between Insureds and Insurers

A recent decision of the Federal Court of Australia has raised the importance of Insureds carefully considering the risk of implied waiver of legal professional privilege attaching to documents passed by Insureds to Insurers. Whilst each case necessarily turns on its own facts, the recent Federal Court matter is one where common interest privilege did not …

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Contracting out of proportionate liability upheld – Perpetual Trustee v CTC

The New South Wales (NSW) Court of Appeal has recently delivered a judgment demonstrating what amounts to ‘contracting out’ of the NSW proportionate liability legislation.   In Perpetual Trustee Company Ltd v CTC Group Pty Ltd [2013] NSWCA 58, it was found that an indemnity clause in a Mortgage Origination Deed (MOD) made express provision …

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Flying Lessons – Dangerous Recreational Activity

The District Court (DC) of New South Wales (NSW) has recently delivered judgment demonstrating the applicability of the dangerous recreational activity provisions of the Civil Liability Act 2002 (NSW) (Act). In Campbell v Hay [2013] NSWDC 11, the injuries suffered by a student pilot upon an emergency landing during a lesson, were found to result from …

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