Insurance Case Note - G and M v Sydney Robert Armellin

Insurance Legal Update

In the decision of CGU Insurance Limited v Porthouse [2008] HCA 30 handed down on 30 July 2008, the High Court unanimously upheld CGU's appeal.
Whilst the decision was in relation to a particular clause in a particular policy and care will need to be exercised before determining whether the decision applies to other "Known Circumstances" exclusions, the High Court's judgment has effectively confirmed the efficacy of "Known Circumstances" exclusions.

Strata Schemes Legislation Amendment Act 2008

The Strata Schemes Legislation Amendment Act 2008 (Amending Act) was assented to by both Houses of the New South Wales Parliament on 25 June 2008. The Amending Act makes changes to the Strata Schemes Management Act 1996 (SSM Act) and the Home Building Act 1989. We understand the Amending Act is due to commence operation on 1 August 2008. The Amending Act makes a number of changes to the functioning of strata scheme voting procedures, common property and executive committees.

Limited liability provisions under the Trade Practices Act

The incorporation on 12 June 2008 of 13 new prescribed schemes under the limited liability provisions of the Trade Practices Act highlights the potential benefits of section 87AB of the TPA. Michael Russell looks at the benefits and advantages of s87AB, the new prescribed schemes and how they can be applied to reduce risk and exposure.