Million dollar penalty imposed on licensee for systemic failures to address best interests duty

First time the Court has imposed a penalty on an Australian Financial Services Licensee (Licensee) for breaches of the best interests duty On 30 March 2017, Justice Moshinsky of the Federal Court of Australia (Court) delivered judgment, declaring multiple breaches of s961K(2) and s961L of Corporations Act 2001 (Act) by Licensee, NSG Services Pty Ltd […]

The Wayne Tank Principle

As published in the New Zealand’s Law Talk magazine on 7 October 2017. The Leggs burnt green waste from their landscaping business and lifestyle block on their Canterbury property. While the fire initially reduced to ash, sufficient combustible material remained that it reignited some weeks later in a strong wind. The root cause was embers […]

Can courts order a prohibition on the indemnity of civil penalties?

At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after Justice Mortimer of the Federal Court found a union organiser had breached the general protections […]

Big Names, Big Data and Stroke

In the final installment of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) predict the likely benefit of the historical data from stroke victims on patients and insurers. You’d be hard pressed to find a reality where Sharon Stone, Richard Nixon, Joseph […]

The Clean-up Cover

Alan Thorn, Senior Underwriter specialising in environmental impairment liability at Liberty International Underwriters and Raisa Conchin, Partner at Wotton Kearney uncover the need for environmental liability insurance to plug a significant gap that is prevalent in the insurance market with Insurance Business Magazine. Who needs it? Historically, environmental liability insurance was considered a necessity for […]

On the Nose – Detecting Brain Injury

Imagine if brain trauma such as concussion could be detected instantly in an athlete through the sense of smell? In Part Five of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) comment on this developing technological advancement and its significance on insurers, […]

The “Angelina Effect” – Genetic Testing Becomes a Global Phenomenon

Angelina Jolie’s actions to undergo a double mastectomy after genetic testing revealed her predisposition to cancer has created an “Angelina Effect” – a growing demand for attaining personal genetic data. In Part Four of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) […]

Wearables and Health Tracking – An Insurer’s Dream or Nightmare?

Wearables such as FitBits are turning our bodies into real-time health data sources. In Part Three of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) provide commentary on the impending impact of this technology on the insurance landscape. Wouldn’t it be incredible […]

Do you have a right to privacy?

Andrew Moore (Partner) and Ahrani Ranjitkumar (Senior Associate) have contributed to the recent LexisNexis Privacy Law Bulletin, looking at the need for Australia to develop its privacy laws to allow for sufficient protection of individuals’ rights to privacy in our evolving digital world. The article addresses the following key takeaways: the development of a statutory […]

Nanotechnology – is it insurable?

Have you heard of the term nanoparticle? In Part Two of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, we tackle the unknown and unpredictable outcomes associated with the use of nanotechnology; especially given new possibilities for its use in food additives and the medical arena. It may sound like […]