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Professional Indemnity Insurance: Claims Made and Notified Policies and the Interface between s54 and s40(3) of the Insurance Contracts Act 1984 (Cth)
In this Constructive Notes article, Partner Patrick Mead highlights key aspects regarding claims made and notified policies and the Interface between s54 and s40(3) of the Insurance Contracts Act 1984 (Cth).
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Informal wills are becoming increasingly popular due to their lower cost and accessibility. The common mode of delivery has broadened from traditional paper-based wills to digital formats. The recent judgment in Peek v Wheatley offers a good summary of the legal principles applicable to the evolution in the drafting and execution of wills and highlights the professional and ethical responsibilities of solicitors under the Australian Solicitors’ Conduct Rules 2023. In this article, Partner Mark Brookes and Law Graduate Adam Pottenger highlight how this can impact solicitors.
14 May 2025
- Expertise areas
In this article, Partner Mark Brookes and Law Graduate Adam Pottenger examine the importance of Sanctions Checks in distributing class action settlement funds, emphasising compliance obligations and the consequences of failing to conduct proper screening.
The article further explores the critical roles of lawyers and insurers in this process, highlighting their responsibilities in ensuring that funds are not inadvertently distributed to sanctioned individuals or entities.
- Expertise areas
In the recent Federal Court decision in Davis v Wilson [2025] FCA 10, another shareholder class action was unsuccessful due to the shareholders’ failure to establish causation.
In this article, Partner Mark Brookes and Law Graduate Adam Pottenger examine the implications of this judgment and its potential impact on future shareholder class actions.
- Expertise areas
When your company faces financial challenges, knowing your obligations and taking swift action is crucial. While factors like the cash rate may impact your business, understanding your duties and liabilities is key. This article provides essential insights for directors, highlighting the importance of seeking advice early to protect both your business and personal interests. Stay ahead of financial pressures by making informed decisions and ensuring compliance with your legal responsibilities.
3 April 2025
- Expertise areas
In this article, by reference to the recent judgment in Criddle v Monck [2025] WASCA 44, Partner Greg Stirling and Senior Associate Hayley Nankivell provide a useful summary of the principles relevant to the application of advocate’s immunity, highlighting that the immunity extends to in-court and certain out-of-court work directly related to the conduct of a case, regardless of whether the outcome of the case was later overturned on appeal.