Tricia Hobson

Subscribe to all posts by Tricia Hobson

High Court moves to cancel competing class actions

On 10 March 2021, the High Court handed down its highly anticipated decision in the matter of Wigmans v AMP Limited & Ors.[1] (Wigmans Case). In dismissing the appellant’s case, the High Court has endorsed a common sense approach to determining procedural issues for dealing with competing class actions and affirmed the power of lower … Continue reading

Permanent relaxation of continuous disclosure laws signals change to shareholder class action landscape

Background In late December last year, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) issued its report in the inquiry into ‘Litigation Funding and the Regulation of the Class Action Industry’ (Report). Previously, in August 2018, Norton Rose Fulbright Australia provided a submission to the inquiry.  Our submission focussed on several issues of … Continue reading

COVID-19: Australian government announces insolvent trading relief for directors

In what is sure to be welcome news, the Australian government has announced temporary relief for company directors from Australia’s notoriously tough insolvent trading laws. This is a sensible decision, which is good news for directors (and their insurers) in what is proving to be unprecedented times. Directors face personal liability if the company trades … Continue reading

Section 54 cannot cure what you didn’t know or didn’t exist

DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Limited The recent NSW Supreme Court decision in DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Limited ruled that section 54 the Insurance Contracts Act 1984 (Cth) (ICA) did not cure a lack of notification of circumstances … Continue reading

What the updated ASX Corporate Governance Principles and Recommendations mean for insurers

As the shadow of the Hayne Royal commission continues to loom over the financial services industry, insurers should be preparing for another change in the governance and compliance landscape which promises to further heighten the demands being made of Australia’s leading financial institutions. The ASX released its updated Corporate Governance Principles & Recommendations this week, … Continue reading

Fraudulent non-disclosure, avoidance and refusal to advance – Federal Court decides insurers can avoid advancing defence costs to Cranston and Onley

The Full Court of the Federal Court in the last couple of weeks considered a question that by some has been considered a “sleeper issue” which had not previously received judicial attention. The question was whether a final adjudication clause in a conduct exclusion prevents Underwriters from relying on their statutory right to avoid a … Continue reading

Privacy Class Actions Arrive in Australia

Global litigation funder IMF Bentham Ltd (IMF) has launched a representative complaint with the Office of the Australian Information Commissioner (OAIC) seeking, amongst other things, financial compensation for alleged breaches of the Privacy Act 1988 (Cth) by Facebook Inc (Facebook). The action relates to unauthorised access to over 87 million Facebook users’ data by political … Continue reading

International Women’s Day 2018 – Messages from Elizabeth Broderick

The theme for this year’s International Women’s Day “Press for Progress.” With global activism for women’s equality fuelled by movements like #MeToo and #TimesUp, and the World Economic Forum’s 2017 Global Gender Gap Report finding that gender parity is still over 200 years away, we need to stay motivated and continue to #PressforProgress. Last week, … Continue reading

Millennials don’t have time for breakfast – so what do they have time for?

This was the topic of a panel discussion at Dive In 2017, the festival for diversity and inclusion in insurance. On 28 September 2017, panellists James Harmer (JLT), Nikki Heald (Corptraining) and Demetrio Zema (Law Squared), along with moderator Reece Corbett-Wilkins (Norton Rose Fulbright), discussed how the next generation of professionals will change the landscape … Continue reading

Dive In 2017 – only days away

Dominic Christian, Chair of Inclusion @Lloyd’s and CEO of Aon, UK, recently wrote: “Our world, as we know it, is growing ever more complex and uncertain with threats as diverse as climate change and cyber crime. Keeping pace with the rate of change from a risk perspective is a challenge that needs the brightest and … Continue reading

International Women’s Day 2017: Why fixing women isn’t the answer

“The best people to break up the old boys’ club are the boys,” says Catherine Fox, one of Australia’s leading commentators on women and the workforce. Fox was guest speaker at Norton Rose Fulbright’s 2017 International Women’s Day event.  She is also a journalist and the author of the soon-to-be-released “Stop Fixing Women:  Why Building … Continue reading

Messages from our second annual insurance seminar: Future Ready – Sustainable Cities

Environmental class actions. Pandemics.  ESG principles.  These were some of the topics of discussion at Norton Rose Fulbright’s second annual insurance seminar, Future Ready – Sustainable Cities, held in Sydney on 3 February. The rise of the ‘megacity’ – cities with a population of over 10 million people – was the springboard for the lively … Continue reading

2016 Mandatory Data Breach Notification Bill – latest update

After much anticipation, the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth) (Bill) was introduced into the Parliament on 19 October 2016.  If passed, organisations and Commonwealth government agencies subject to the Privacy Act 1988 (Cth) will be required to notify affected individuals and the Australian Privacy Commissioner of ‘eligible data breaches’.  This affects Commonwealth … Continue reading

5 Key Messages from Norton Rose Fulbright’s Insurance Panel Discussion

“The insurance industry is already evolving, and is now on the doorstep of major change.  The challenge is for us to adapt.”  This was one of the main themes of an insurance industry panel discussion held by Norton Rose Fulbright in Sydney on 4 February 2016 titled Consolidation, Competition and Challenges on the Global Insurance … Continue reading

Cyber Terrorism: Australian laws create coverage gap

The risk of a cyber attack being carried out on critical infrastructure is a real one, with losses extending to business interruption, property damage and personal injury. Around the world we have already seen examples of such cyber attacks, involving  a power plant in Ukraine, a uranium enrichment plant in Iran and, closer to home, … Continue reading