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Commercial Law
Biosecurity Act or Public Health and Wellbeing Act? Full Court considers the operation of an exclusion clause in an insurance policy
The consideration by the courts of exclusion clauses in insurance policies relating to pandemics is continuing. In this most recent decision, business losses caused by a state lockdown were held ...
New South Wales Court of Appeal finds for policy holders over insurers
In a decision that is anticipated to have wide ramifications, the New South Wales Court of Appeal handed down a decision on 18 November 2020 in the case of HDI ...
Government set to impose financial penalties on parties for ‘unfair contract terms’
It’s no secret that the Australian Consumer Law protects consumers and small businesses from unfair terms in contracts. For example, earlier this year, Uber Eats was forced to remove standard ...
Warming to freezing orders – the protection of employment related intellectual property
A freezing order, or Mareva injunction, is a mechanism that can be imposed by a court to freeze another party’s assets. A party may apply for a freezing order prior ...
The High Court and the potential cost of knowing assistance
A third party who assists in a dishonest or fraudulent scheme involving a breach of trust or a breach of duty is liable to find themselves on the receiving end ...