When a fire and other perils policy came up for renewal on 24 August 2018, the insurer and the insured’s broker exchanged emails regarding renewal terms and hold-covered arrangements. The Victoria Supreme Court in Australia found that cover had not been renewed nor extended because the insured had not unequivocally accepted the renewal terms nor
June 2020
External companies cannot have prescribed officers

An external company is not a company as defined in the Companies Act, and it cannot therefore have prescribed officers with the obligations and liabilities imposed by the Act.
Prescribed officers are employees or other persons who, although they are not directors, exercise executive control over a significant part of a company’s business or participate…
Avoidance and cancellation of non-life policies: The Comic Book Edition

Welcome to Volume 5 of our Big Read Book Series: The Comic Book Edition.
You can download your copy here, and identify your favourite insurance director. This volume should be read together with Volume 2 of the Big Read Book Series. Both deal with the avoidance and cancellation of non-life policies.
We are…
No more secrets – political party funding now in the open


Political parties will soon be required to make private funding information public when the May 2020 law in this regard comes into force.
The Promotion of Access to Information Act 2000 (PAIA) gives effect to the constitutional right of access to information. PAIA recognises that the pre-1994 government system resulted in a secretive and unresponsive…
Contracts interpreted according to wording, context and purpose

We have published a number of blogs about modern concepts of interpretation of legislation and contracts. A June 2020 decision of the Supreme Court of Appeal sets it out well. There is nothing new in what is said but it is a nice little package of how to interpret an agreement:
‘It is trite law…
Balancing employee religious rights and the need for protective equipment


The COVID-19 pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE) despite religious objections. For COVID-19 protection, such equipment may include masks, gloves, goggles, face shields, and other forms of protective gear. Ordinarily, the failure to adhere to an employers’ reasonable PPE requirements…
Buying or selling a business: Types of purchase price mechanisms

When buying or selling a business, the way in which the purchase price is structured and paid is as important as the base price agreed on. There are various ways to structure the deal to bridge the gap between what price a seller is willing to sell at and what perceived value a purchaser is…
Cancellation for breach of contract: 10 things to know

- Cancellation as a remedy for breach of contract is only available where the parties have incorporated a right to cancel in their contract, or where the breach is of a sufficiently serious nature to justify cancellation.
- The contract may expressly state that if one of the parties breaches terms of the contract or fails to
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