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The Federal Court of Australia has rejected a line of English, Hong Kong, Singaporean and Australian authority which holds that litigants who unsuccessfully challenge an arbitration agreement should normally be penalised with indemnity costs.  
Posted on:
3 Dec 2015
The Federal Court of Australia granted an insurer relief from the requirement to notify all affected policy holders when transferring general insurance and reinsurance business.  It imposed an alternative notice regime which included notification of overseas regulators, and of each national head office in the case of multi-national corporate group cedents.  The judgment will assist insurers who are considering a transfer of amalgamation of insurance business in Australia. 
Posted on:
25 Nov 2015
An increasing number of Australians obtain total and permanent disability (TPD) insurance through their superannuation fund, often with little awareness of it.  Life insurers frequently form relationships with the trustees of superannuation funds in order to offer group insurance products, including TPD policies, which cover any member of the fund. 
Posted on:
19 Nov 2015
For centuries, international maritime law developed its own security regimes.  Potential conflict arises where the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) does not recognise or take account of international maritime law and the operation of Australian and British Admiralty legislation.  
Posted on:
17 Nov 2015
The Strata Schemes Development Bill 2015 and the Strata Schemes Management Bill 2015 have been passed by both houses of Parliament, and received the Royal Assent on 5 November 2015.  Most of the laws are expected to come into force on 1 July 2016.
Posted on:
12 Nov 2015
International arbitration continues to grow in importance as a means of regulating trade and commerce between the People Republic of China (PRC) and Australia.   Last week, the Chief Justice of the Federal Court of Australia enforced a Chinese arbitral award by “freezing” five properties in Australia, despite the fact that an appeal from the award is pending in a Chinese Court.
Posted on:
11 Nov 2015
Responsibility for defects in strata title buildings is an issue that continues to excite controversy in New South Wales.  In March 2015 there has even been a political party registered to fight for the rights of strata owners.
Posted on:
11 Nov 2015
In August 2014 the Federal Government released its preliminary report on the operation of the Personal Property Securities Act (the “PPSA”). This report will be followed in January 2015 with a final report on what changes, if any, should be made to the PPSA.
Posted on:
11 Sep 2015
It is now 18 months since the Australian Privacy Principles (APPs) came into force, and 3 years since the legislation introducing them was passed by the House of Representative.   However, Keypoint Law’s survey of the websites of 164 large Australian agencies and organisations has revealed that, even after all this time, 46% of those surveyed either did not have an online privacy policy, or had a policy which failed to address one of the mandatory content requirements in APP 1.
Posted on:
11 Sep 2015
Business borrowers have once again been reminded (if they needed reminding) that, should they go into default under their banking facilities they are entirely at the bank’s mercy. The lender has virtually a free hand in deciding whether it sells the secured property first, or takes the more likely course of suing on a personal guarantee whilst “parking” the property for the time being.
Posted on:
11 Sep 2015

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