Carmen Elder

Carmen Elder

DLA Piper

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Solicitor and barrister restrained from acting in litigation

The Supreme Court in Victoria recently took the unusual step of assessing whether to exercise its inherent jurisdiction to restrain a solicitor and barrister from acting for a defendant to proceedings....more

12/8/2014 - Australia Due Process Jurisdiction

Compulsory examinations for financial planners on the horizon

ASIC has used its opening address to the Parliamentary Joint Committee on Corporations and Financial Services to advocate for compulsory examination of financial planners. ...more

12/1/2014 - Australia Financial Planning Industry Examinations

FOFA reforms rejected by the Senate

The Abbott Government’s Future of Financial Advice policy has been rejected by the Senate after support for the reforms were withdrawn by Senators Jacqui Lambie and Rick Muir. ...more

11/21/2014 - FOFA Reforms Legislative Agendas

Financial affairs structure dodges a “related entities” exclusion

The Queensland Supreme Court recently delivered a judgement demonstrating how an exclusion intended to exclude claims from which the Insured may benefit directly or indirectly did not do its work due to the way in which the...more

10/24/2014 - Australia Financial Planning Insurers Policy Exclusions

Insurance broker not responsible for setting sum insureds

The UK Queen’s Bench division has recently confirmed that an insurance broker is not responsible for setting sums insured under business interruption insurance. - In Eurokey Recycling Ltd v Giles Insurance Brokers...more

10/16/2014 - Business Interruption Insurance Brokers UK

Amlin v Austcorp – It’s all in the wording

In Amlin Corporate Member Ltd v Austcorp Project No 20 Pty Limited [2014] FCAFC 78, the Full Court of the Federal Court rejected the insurers’ argument that certain policies did not respond because the claim was made before...more

7/8/2014 - Breach of Duty Denial of Benefits

Privilege – communications between Insureds and Insurers

A recent decision of the Federal Court of Australia has raised the importance of Insureds carefully considering the risk of implied waiver of legal professional privilege attaching to documents passed by Insureds to Insurers....more

5/27/2014 - Australia Insureds Insurers

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