Will your exclusions bite – beware Insurance Contracts Act section 54

The recent Federal Court Judgment in Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1 serves as a good reminder of the breath and application of Section 54 of the Insurance Contracts Act 1984 (Cth)(ICA). The subject yacht ran aground in Australian waters off Port Talbot WA on 22 June 2013 … Read more

HWL Ebsworth Partner named Market Leader in Native Title Law

HWL Ebsworth is pleased to announce that Philip Hunter, Partner in our Brisbane office, has been recognised in Doyle’s Guide as the Market Leader in Native Title Law in Australia. The rankings were released on 19 January 2016 and Philip was the only person to be named in the Market Leader category. This endorsement complements … Read more

More punishment for polluters

The Penalty unit values at Federal level and across a number of the Australian States have increased in 2015. The result is higher fines for pollution and other marine offences. We have handled a number of cases in recent years where prosecutions and demands for security have been very high for minor and temporary pollution … Read more

Remuneration and the importance of proportionality

At our Insolvency: A Year in Review and the Year Ahead seminar in Melbourne on 25 February 2015, we discussed a number of cases decided in late 2014 concerning the reasonableness of time-costed remuneration. It was clear from panel and audience discussion at the seminar (which included representatives from insolvency firms, companies and ASIC) that … Read more

Federal Court of Australia prevents arrest of Commonwealth patrol boat under construction – what is a ‘ship’ and what is an ‘owner’?

Summary In two recent judgments in the same proceeding, the Federal Court of Australia found that a claimant could not arrest a ship for a claim against the bare legal owner of the ship if the ship was beneficially owned by another party who was not liable for the claim. The Court also found that … Read more