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Sarah Fountain

Author's details

Name: Sarah Fountain
Date registered: 10 September 2013

Latest posts

  1. Litigation funders and contingency fees under the spotlight in Victoria — 18 January 2017
  2. ICA welcomes the NSW Government’s position paper on the sharing economy — 4 February 2016
  3. ATO to use data matching program to serve notices on insurers seeking information about wealthy individuals — 20 January 2016
  4. Insurable interest subject to separate commercial agreement — 6 August 2012
  5. SIMPLY IRRESISTIBLE? NOT ACCORDING TO VICTORIA’S COURT OF APPEAL — 4 July 2012

Author's posts listings

Litigation funders and contingency fees under the spotlight in Victoria

On Monday, it was announced that the Victorian Attorney-General, the Hon Martin Pakula MP, has asked the Victorian Law Reform Commission (VLRC) to review the rules covering litigation funders to prevent unfair conduct in civil proceedings, such as class actions. The review by the VLRC will consider issues such as: circumstances where a successful outcome …

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ICA welcomes the NSW Government’s position paper on the sharing economy

The NSW Government recently released a position paper on the collaborative economy (also known as the ‘sharing economy’). The sharing economy links customers directly with providers typically through online and mobile platforms; think car sharing, ridesharing (e.g. Uber), accommodation sharing (e.g. Airbnb), crowdfunding. There has already been a lot of talk about how clarity is …

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ATO to use data matching program to serve notices on insurers seeking information about wealthy individuals

It was reported in the Australian Financial Review today (20 January 2016) that the Australian Taxation Office (ATO) has confirmed that it is investigating wealthy individuals who have purchased expensive boats, planes, cars, art and thoroughbred horses by requesting information from their insurers. The ATO has launched a data matching program through which it will …

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Insurable interest subject to separate commercial agreement

In GBRH Holdings Pty Ltd v Helicopter Services Cairns Pty Ltd [2012] QCA 198, the Court of Appeal held that the respondent was entitled to the insurance proceeds to the exclusion of the appellant, even though the appellant obtained insurance for the benefit of the respondent and itself.

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SIMPLY IRRESISTIBLE? NOT ACCORDING TO VICTORIA’S COURT OF APPEAL

Last week, a Victorian solicitor, who was described by the trial judge as a ‘refreshingly honest witness’, was ordered to pay $1 in damages to his former clients. Although found to have been in breach of his duty of care, the solicitor’s breach was not causative of any loss. In Simply Irresistible Pty Ltd v …

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Doctrine of advocate’s immunity revisited

We recently reported on a Victorian decision that upheld the doctrine of advocate’s immunity. Another case upholding that doctrine was handed down by the New South Wales Court of Appeal on 17 April 2012. It restated the doctrine that re-litigation of a controversy is not to be tolerated except in exceptional circumstances. Australia continues to …

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Limits on an insured/reinsured’s ability to maximise cover under a “top and drop” policy

On 15 December 2011, the England and Wales Court of Appeal handed down a decision in which it upheld the Commercial Court’s decision relating to the allocation of liability claims against a “tower” of underlying policies and an excess “top and drop” policy. In Teal Assurance Company Ltd v WR Berkley (Europe) Insurance Ltd & …

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