avatar

Benjamin Hine

Author's details

Name: Benjamin Hine
Date registered: 24 March 2015

Latest posts

  1. ASIC reveals ‘hot spots’ for the insurance industry in 2017 — 20 February 2017
  2. Climate change risk heats up for directors — 4 November 2016
  3. Ground breaking ruling set to make commencing class actions easier — 27 October 2016
  4. Spring brings Federal and Queensland class actions developments — 9 September 2016
  5. Court gives go ahead to prove loss via indirect causation following a decade of doubt — 22 April 2016

Author's posts listings

ASIC reveals ‘hot spots’ for the insurance industry in 2017

Last week Greg Medcraft, the chairperson of the Australian Securities and Investments Commission (ASIC), delivered a speech to the Insurance Council of Australia Annual Forum on the current insurance environment and ASIC’s priorities for the coming year. Current environment The speech commenced by noting that 2016 was an eventful year for the insurance industry. In …

Continue reading »

Climate change risk heats up for directors

Today marks the formal adoption of the Paris Agreement on climate change in many countries across the globe. When ratified in Australia, the Agreement will give legal effect to the development of an economy dedicated to low carbon emissions. The Agreement ushers in a new age for corporate Australia, in which company directors will be …

Continue reading »

Ground breaking ruling set to make commencing class actions easier

The Full Court of the Federal Court of Australia has made a ground-breaking order in a proceeding that all class members pay for litigation funding costs, not just funded class members (full decision available here). This decision is significant because it is the first time that a Court has made a ‘common fund order’ in …

Continue reading »

Spring brings Federal and Queensland class actions developments

The sun shines on class actions in Queensland On 5 August 2016, the Queensland government announced its intention to introduce a class action regime. This is the first time class actions will be heard in Queensland courts. Previously, Queensland plaintiffs wanting to commence group proceedings have been required to pursue their claims in other jurisdictions. …

Continue reading »

Court gives go ahead to prove loss via indirect causation following a decade of doubt

On Wednesday, the NSW Supreme Court (In the matter of HIH Insurance Limited (In Liq)) confirmed that Australian courts will accept ‘indirect’ or ‘market-based’ causation to prove claims relating to misleading and deceptive conduct. The decision is the last case to be decided in the long running litigation that followed the HIH collapse in 2001, resulting …

Continue reading »

After the event insurance – Security for costs form clarified

A couple of months ago we reported on applications pending in the Supreme Court of Victoria about After The Event (ATE) insurance. That update, available here, noted that the procedural operation regarding security for costs to be provided by an overseas ATE insurer were being ventilated in the Supreme Court of Victoria. We noted that …

Continue reading »

After the event insurance surfacing in Australian Courts

Ben_Hine

After The Event (ATE) insurance, a product that has been offered overseas for some time, is now becoming available in Australia. ATE insurance is defined by Universal Legal Protection Limited, a U.K. ATE insurance broker, as follows: ‘After the Event Litigation Insurance is a relatively new type of insurance that protects a Solicitor’s client (usually …

Continue reading »

What the China-Australia Free Trade Agreement Means for Insurers

On 17 June 2015 Australia and China entered into the China-Australia Free Trade Agreement (ChAFTA). The Australian Trade Commission describes ChAFTA as unlocking significant opportunities for Australia by increasing opportunities with Australia’s biggest trade partner, which is already worth almost $160 billion in total trade.  Indeed, in 2013 China’s investment into Australia (in stocks) was valued at $31.9 …

Continue reading »

High Court Rejects Appeal on Class Action Funding

Ben Hine

Representative proceedings (or class actions) have recently come under increased scrutiny in both the policy and commercial contexts. The High Court yesterday rejected special leave to appeal from the Victorian Court of Appeal’s decision dealing with lawyer driven class actions, adding further fuel to the class actions funding debate. The High Court did not have …

Continue reading »

Federal Court Practice Update for Insurance Matters

Recent changes in the Federal Court of Australia will streamline how insurance matters are managed and heard by the Court. Specific judges will be allocated to hear insurance related cases within the national Commercial & Corporations Practice Area. Within this broad practice area, a sub-practice area of ‘Commercial Contracts, Banking, Finance & Insurance’ has been …

Continue reading »