The complex insurance sector has been impacted by rising cost pressures and fierce competition in recent years. Foreign ownerships is set to increase, as consolidation and deregulation of the global insurance industry continues.
Deacons operates a successful, growing insurance practice in Australia and Asia Pacific. Insurance is a core focus of our firm – we work with more than 20 of the leading insurers throughout the region. We act for and advise major local and overseas based insurers, brokers and agents, reinsurers, coverholders, Lloyds, third party administrators, government and semi-government bodies, and a variety of corporations and employers.
This edition includes the latest in Insurance Regulation, an important NSW case on thresholds for gratuitous services, some recent cases on legal professional privilege, the defence of fair comment in defamation, pedestrians expected to take more care when using footpaths, no extended duty of care owed in negligence for commercial premises, a victory for HIH insureds and the latest in TPD cases.
In last month’s Legal Update on Upcoming Changes to .au Domain Name Transfer Policy we noted that the Australian domain name administrator (auDA) had approved an implementation plan for a new policy on the transfer on .au domain name licences. auDA has now confirmed that the new policy will take effect on 1 June 2008.
On 11 April 2008, the Takeovers Panel (Panel) released Guidance Note 20 - Equity Derivatives (Guidance Note) outlining when, and in what circumstances, the use of equity derivatives may constitute unacceptable circumstances and require disclosure to the market.
This edition of Deacons Insurance Update includes articles on competent professional practice, issues in indemnity and subrogation policy interpretation, the accruing of causes of action in economic loss claims, the unauthorised acts of third parties, the latest pub and club appeals, indemnity clauses and when it didn’t matter that “No” should be “Yes”.
The Australian domain name administrator (auDA) recently announced that it has approved an implementation plan for a new policy on the transfer of .au domain names licences. (It is the exclusive licence to use the domain name that is transferred, rather than ownership of the domain name itself.) This announcement follows auDA’s earlier acceptance of the recommendation from the 2007 Names Policy Panel that the current policy be relaxed to allow a registrant to transfer its domain names for any reason.
Sensing a growing controversy, the ASX and ASIC have issued a number of media releases in response to market concerns, reminding market participants of laws designed to protect the integrity of markets. This update discusses the ASX and ASIC statements in light of the current apparent market volatility.
In its response to the recent Draft Report on Australia’s consumer policy framework, ASIC has called for margin lending to be regulated under Chapter 7 of the Corporations Act 2001.
The Board of Taxation is examining options for a managed investments tax regime in Australia, including the potential for a specific tax regime for REITs (Real Estate Investment Trusts).
Past issues from November 2000 to date are now available online. For a complete list of cases and articles featured in issues of Deacons Insurance Update, click on the link above.
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Welcome to the May issue of EBIT (Emerging Business, Innovation and Tax).
EBIT is an informative newsletter to be shared amongst your clients and colleagues. We provide this information to help you keep abreast of changes to legislation and to stay informed of recent cases and other developments.
We hope you enjoyed this issue of EBIT and we look forward to bringing you more issues of EBIT in the future.