The decision of the Victorian Court of Appeal confirms that the Banking Code obligation to exercise care skill and diligence in assessing credit can (and will often) be incorporated as a contractual term into guarantees. This finding is likely to affect lenders’ risk assessments when considering ‘riskier’ loans
Potent antidote to denial: at behest of liquidators, court declares insurer must indemnify directors
Liquidators brought action against company directors under s 588M(2) of Corporations Act 2001 (Cth) – Liquidators sought to join third party insurer after insurer denied liability – Supreme Court had jurisdiction to grant declaratory relief on liquidators’ application – Meaning of justiciable controversy
To encourage take-up of household solar, or to remove an inefficient cross-subsidy? The Federal Court dismisses SA Power’s challenge to the AER’s refusal of a higher network tariff for solar household customers
Excess progress payments refundable by builder where statutory warning not signed by the building owners
VCAT has determined that $654,568.00 in progress payments received by a builder was repayable as the building owners did not sign the warning in the contract that the progress payments were in excess of the statutory limits set out in section 40 of the Domestic Building Contracts Act 1998 (DBC Act)
A single judge of the Supreme Court of New South Wales has found that an assignment of contractual warranties in a contract to construct a container terminal was effective to assign causes of action that had accrued at the time of the assignment
The “long-arm” of Vizcaya – significance of the Privy Council decision and its impact on Australian common law and the Foreign Judgments Act 1991
Privy Council advice that addresses what is required for foreign judgements
Civil procedure – non-party costs order against a party’s solicitor – solicitor also a director of client company – conflict of interest – LIV’s Professional Conduct and Practice Rules
In Pantaenius Australia Pty Ltd v Watkins Syndicate 0467 at Lloyds  FCA 1 Foster J considered whether one insurer (‘Pantaenius’) could claim contribution from another insurer (‘Nautilus’) regarding damage to a yacht.
The case demonstrates that the courts continue to interpret the scope of s 54 of the Insurance Contracts Act 1984 (Cth) (‘ICA’) broadly, and beneficially to insureds. The case also confirms that a co-insurer can rely on s 54 to establish double insurance for the purpose of obtaining contribution.
Insurers on the hook: High Court holds that insurers of insolvent companies can be joined to proceedings commenced by third parties against those companies
The High Court of Australia has held unanimously that a person who commences proceedings against an insolvent company or a bankrupt individual can join that defendant’s insurer to the proceedings and seek a declaration that the insurer is liable to indemnify the defendant.
The High Court has held that the Commonwealth’s participation in the detention of asylum seekers in Nauru was authorised by the Migration Act 1958 (Cth)
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid
Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – relevance of post-contractual conduct
Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up
Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective