JP Wood

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WA Court of Appeal plugs leaky District Court judgment and construes insurance policy in favour of insurer

In the recent Western Australian Court of Appeal decision of WFI Insurance Ltd v Manitowoq Platinum Pty Ltd & Ors [2018] WASCA 89, the former Chief Justice rejected the District Court judge’s interpretation of a condition in a business liability insurance policy that the insured had relied upon to deny indemnity. Summary The District Court … Continue reading

10 Things to Know about the NSW Modern Slavery Act

In our recent blog, we alerted you to the Commonwealth Modern Slavery Bill, which was introduced into Parliament last week, for debate in August, following the passing of the Modern Slavery Act 2018 (NSW) on 21 June 2018. The NSW Act establishes a new modern slavery reporting requirement which will have a significant impact on … Continue reading

Modern Slavery Reporting for Australian Businesses

On 28 June 2018, the Assistant Minister for Home Affairs, the Hon Alex Hawke MP, tabled the Modern Slavery Bill 2018 in Parliament. Modern Slavery reporting for businesses The new reporting regime will have a significant impact on larger businesses operating in or from Australia, including insurers and their insureds: The Modern Slavery Bill requires … Continue reading

Construing combined PI/PL insurance policies: NSW Court of Appeal rejects literal approach

Coverage disputes can arise out of combined professional indemnity (PI) and public liability (PL) insurance policies where a claim appears to fall between the two policies. In Pacific v Walsh ([2018] NSWCA 9), the NSW Court of Appeal declined to construe a combined policy literally, as this would have resulted in no cover for the … Continue reading

D & Oh no! – rising liability for directors and officers in 2018

Growing global regulatory oversight and increased pressure on ASIC to take punitive action means that 2018 is to likely to be a year fraught with new and greater risks for Australian executives. ASIC penalties were once likened to “being hit with a lettuce leaf” by Financial System Inquiry chair David Murray, and there is a … Continue reading

The Insurance List for short matters – a work in progress?

In March 2016 the Chief Justice of the Federal Court of Australia established an Insurance List for short matters (List). While the List did not see much activity in the first six months, the flurry of recent decisions gives some clue as to how the List has been operating. The List operates across all registries … Continue reading