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Belinda Randall

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Name: Belinda Randall
Date registered: 24 March 2015

Latest posts

  1. Section 6 – farewell (and good riddance!) — 17 July 2017
  2. The world catches up to securities class actions — 26 February 2017
  3. Senate Signs off on Financial Adviser Reforms – Changes to Claim Volume/Risk Profile Ahead? — 21 February 2017
  4. To walk away or not to walk away – what is a genuine offer to compromise? — 13 December 2016
  5. Insurer unable to deny third party liability claim for jet ski accident – section 54 strikes again — 24 November 2016

Author's posts listings

Section 6 – farewell (and good riddance!)

In December 2016 we posted on the NSW Law Reform Commission’s recommendation to replace section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).  Six months later, we can now confirm that section 6 is (finally) dead and herald the new era of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) …

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The world catches up to securities class actions

Many (especially European) jurisdictions eschew the term ‘class actions’, preferring the more genteel descriptors ‘collective investor action’ or ‘collective redress’. Despite the different terminology, the statistics show that the globalisation of securities class actions is taking hold and the trend is set to increase. This trend will have wide ranging implications on the future of …

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Senate Signs off on Financial Adviser Reforms – Changes to Claim Volume/Risk Profile Ahead?

Last Week the Senate passed the Corporations Amendment (Professional Standards of Financial Advisers) Bill 2016 and paved the way for wide ranging reforms (and increased compliance obligations) in the financial advisory industry. The new regime starts on 1 January 2019 and includes the following reforms: – Compulsory education requirements for both new and existing financial …

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To walk away or not to walk away – what is a genuine offer to compromise?

Australian Courts in 3 different jurisdictions have recently considered the issue of whether an offer of settlement was ‘a genuine compromise’ warranting an order for indemnity costs. The results in each case demonstrate the factors that a Court will weigh up in determining an entitlement (or otherwise) to indemnity costs. Insurers and their advisors should …

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Insurer unable to deny third party liability claim for jet ski accident – section 54 strikes again

In Allianz Australia Insurance Ltd v Smeaton [2016] ACTCA 59, the Court of Appeal of the Supreme Court of the ACT dismissed an appeal by Allianz in relation to a claim that arose from a jet ski accident on the Ross River in Queensland and ordered Allianz to pay costs of the appeal. The accident …

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Yacht insurer sunk on contribution claim – section 54 ahoy!

The Full Court of the Federal Court has dismissed an appeal concerning the operation of section 54 of the Insurance Contracts Act and contribution between insurers, in a case which is understood to have had its genesis in the Court’s Insurance List for short matters: Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd …

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Out of Bounds on the Full for Hird? An important case on defence costs coverage in regulatory actions

James Hird was on the losing end of a Supreme Court of Victoria proceeding against Chubb Insurance Company of Australia Ltd this week, where he sought indemnification of legal costs (of around $692,000) under a D&O liability policy. The costs in question were in connection with Hird’s unsuccessful 2014 Federal Court challenge (at both trial …

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FOS General Insurance Open Forum – Key Takeaways

The Financial Ombudsman Service Australia (FOS) has made significant changes to its dispute resolution process, which FOS claims has resulted in improved performance and resolution of claims. The changes, introduced 1 July 2015, have received positive feedback from applicants and FOS members. A General Insurance Open Forum was held by FOS on 16 March 2016. …

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Ingram v QBE Insurance (Australia) Ltd: When reliance on a policy exclusion breaches equal opportunity laws

Insurers wishing to rely on certain exclusions in policies may need to prove that related denials of cover are in fact based on actuarial or statistical data and do not violate any discrimination law principles. Described as a ‘game changer’ at the General Insurance Open Forum on 16 March 2016 by John Price, Lead Ombudsman …

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New Federal Court Insurance List for Short Matters – encouraging a more nimble, creative approach to insurance litigation

The Federal Court of Australia established an Insurance List for short matters in December 2015 which will commence in Melbourne on 10 and 11 March 2016 before being rolled out in other cities. An information session was held by The Honourable Chief Justice Allsop on 10 March 2016 to explain the list. His Honour gave …

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