| QBE Insurance (Australia) Ltd, in the matter of Division 3A of Part III of the Insurance Act 1973 (Cth) & QBE Insurance (Australia) Ltd (No 2) (FCA) - insurance - confirmation of schemes for transfer of general insurance business - reinsurance orders granted
|
| Giddy v Rocky Castle Finance Pty Ltd (NSWSC) - cross-vesting - loan agreement - assignment of debt - application to transfer proceedings to Supreme Court of South Australia refused
|
| Cohen v Cohen (NSWSC) - principal and agent - power of attorney - defendant breached fiduciary duties by transferring property to himself - plaintiff entitled to set aside transfer and to declaration defendant held property for plaintiff on trust
|
| Suncare Constructions Australia Pty Ltd v Gainspace (Mackay) Pty Ltd (QSC) - security for costs - claims for wrongful termination of civil works contract and construction contract - security for costs granted
|
| Motor Accidents Insurance Board v Wright (TASSC) - insurance - motor vehicle accident - respondent entitled to death benefit after death of wife four months after motor vehicle accident - Tribunal's determination confirmed
|
Dear Subscriber
1. This Benchmark Television broadcast is with esteemed solicitor Pam Suttor, on Elder Law in discussion with Julian Kenda, solicitor of Moray and Agnew.
2. Pam discusses common issues for solicitors relating to powers of attorney and wills.
3. We apologise for audio distortion towards the end of the program, which will be very apparent if you’re using headphones. The best way is to listen through speakers – sorry about that.
4. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
5. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
6. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/web/cle
7. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
8. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
9. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
|
|
|
| Benchmark Television |
|
|
|
|
| Pam Suttor, Solicitor on Elder Law with Julian Kenda of Moray and Agnew |
| Esteemed solicitor Pam discusses common issues for solicitors relating to powers of attorney and wills and elder law. |
|
|
|
|
| Summaries With Link (Five Minute Read) |
QBE Insurance (Australia) Ltd, in the matter of Division 3A of Part III of the Insurance Act 1973 (Cth) & QBE Insurance (Australia) Ltd (No 2) [2016] FCA 288
Federal Court of Australia
Allsop CJ
Insurance - applicant QBE Insurance (Australia) Limited (QIA) sought orders confirming two schemes involving transfer of parts of general insurance business of QBE Insurance (International) Ltd (QII) to applicant - applicant also sought reinsurance orders - application made under Div 3A, Pt III Insurance Act 1973 (Cth) - pre and post transfer solvency position - whether compliance with required steps - held: Court satisfied it was appropriate to confirm schemes - reinsurance orders granted.
QBE |
Giddy v Rocky Castle Finance Pty Ltd [2016] NSWSC 314
Supreme Court of New South Wales
Fullerton J
Cross-vesting - loan agreement - assignment of debt - plaintiff sought transfer of two proceedings commenced in District Court of New South Wales to Supreme Court of South Australia - interests of justice - s140(1) Civil Procedure Act 2005 (NSW) - s5(2) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) - held: proceedings should be continued in present jurisdiction and Court in which they were commenced - nothing requiring transfer of proceedings to Supreme Court of South Australia as more appropriate forum in interests of justice - application refused.
Giddy |
Cohen v Cohen [2016] NSWSC 336
Supreme Court of New South Wales
Hallen J
Principal and agent - fiduciary duties - unconscionable dealings - conveyancing - plaintiff under legal incapacity sought declaration regarding title to property, order that defendant transfer property to plaintiff, and consequential relief - property had been transferred under power of attorney - s163B Conveyancing Act 1919 (NSW) - held: Court satisfied that defendant breached fiduciary obligations by transferring property to himself which deprived plaintiff of only substantial asset - defendant abused power bestowed by power of attorney - plaintiff entitled to set aside transaction and to declaration defendant held property in trust for her.
Cohen |
Suncare Constructions Australia Pty Ltd v Gainspace (Mackay) Pty Ltd [2016] QSC 67
Supreme Court of Queensland
Jackson J
Security for costs - claims for wrongful termination of civil works contract and construction contract - defendant sought security for costs in proceedings against plaintiffs in liquidation - threshold requirements had been met pursuant to s1335 Corporations Act 2001 (Cth) or r671(a) Uniform Civil Procedure Rules 1999 (Qld) - prospects of success - impecuniosity - funding agreement - held: Court concluded that order for security should be made - plaintiffs to provide security - orders made.
Suncare |
Motor Accidents Insurance Board v Wright [2016] TASSC 13
Supreme Court of Tasmania
Pearce J
Insurance - motor vehicle accident - Board appealed against decision of Motor Accidents Compensation Tribunal that respondent entitled to death benefit following death of wife four months after motor vehicle accident - respondent had been driving car in which wife was passenger - s23 Motor Accidents (Liabilities and Compensation) Act 1973 (Tas) - Sch 1, Pt 4 Motor Accidents (Liabilities and Compensation) Regulations 2010 (Tas) - Board contended Tribunal failed to give meaning to word ‘directly', erred in finding peritonitis probable cause of death and erred by not giving parties opportunity to heard or provide further expert evidence - held: grounds of appeal not made out - Tribunal's determination confirmed.
Motor Accidents Insurance Board |
