Holman Webb is delighted to announce 10 internal promotions across our Eastern Sea-Board offices, effective 1 July 2017.   These promotions span our commercial recovery and insolvency, corporate and commercial,  dispute resolution, insurance, property, and workplace relations practices.

Introduction

The Federal Court of Australia recently heard argument about whether an insurance policy offering protection against an adverse costs liability could be proffered as sufficient security for costs.

Greg Malakou, Holman Webb CEO, speaks to Business First magazine about how innovation not only gives Holman Webb a competitive advantage in the market but is also fundamental to the firm’s growth strategy.

The New South Wales Court of Appeal in Fairall v Hobbs[1] recently overturned a decision of a trial judge in favour of a plaintiff who was thrown from his ‘traffic trained’ horse named Buck, and against the CTP insurer of a motorist who passed the plaintiff riding Buck on the opposite side of the road, which allegedly caused Buck to ‘buck’ causing the plaintiff to dislodge from Buck and fall onto the concrete kerb and gutter, suffering personal injuries. MACA, is the Motor Accidents Compensation Act 1999 (NSW), which the trial judge found was applicable to the plaintiff’s injuries.

We are delighted to announce that 7 of our firm’s senior team members have been selected in the Tenth edition of Best Lawyers - Australia.

The NSW Court of Appeal has handed down its decision in Walker Group Constructions v Tzaneros Investments [2017] NSWCA 27. The plaintiff claimed damages from Walker Group Constructions alleging defective concrete paving. Once the pavement was laid, cracks began to develop, and as a result, some concrete slabs had to be repaired.  Sometime later the plaintiff carried out further rectification whereby old slabs were replaced with reinforced concrete slabs. That cost was claimed from the defendant. The defendants argued that the rectification works undertaken by the plaintiff would result in betterment.

The Supreme Court of New South Wales in the matter of Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 912 looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.

The Full Court of the Australian Capital Territory in Allianz Australia Insurance Ltd v Smeaton [2016] ACTCA 59 have provided further clarity of the applicability of Section 54 of the Insurance Contracts Act 1974 (Cth) (ICA).

Summary

The Full Court of the Federal Court dismissed an appeal concerning a claim for contribution between insurers where the second policy would only respond to the underlying claim if section 54 of the Insurance Contracts Act 1984 (Cth)(‘ICA’) was engaged.

The Full Federal Court has provided some further clarification regarding the operation of section 54 and confirmed that section 54 is available to an insurer seeking contribution from another insurer.

When does the limitation period to claim on a policy of insurance commence? The short answer is 'when the insurer does, or fails to do, what is required under the policy'.  Most commonly this will be when the insurer makes a decision on the availability of indemnity.