07 July 2021
Amendments to the General Insurance Code of Practice – Will they achieve a more policyholder-friendly approach by insurers?
The new General Insurance Code of Practice came into effect on 1 July 2021, amending the 2015 version which was first introduced in 1994. The changes have been introduced following an industry-wide review and have the stated aim of strengthening policyholders’ rights.
15 June 2021
ASIC’s consultation on regulator guidance closes as financial service and credit licensees prepare for Australia’s breach reporting reforms
In April of this year, we wrote about draft guidance released by the Australian Securities and Investments Commission (ASIC) on the significant impending changes to Australia’s breach reporting regime.
26 May 2021
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation of, and the handing down of, Australia’s two largest ever penalties for contraventions of the Competition and Consumer Act 2010 (Cth) ( CCA ).
26 April 2021
Regulator guidance the latest development in countdown to Australia’s breach reporting reforms
In December last year we wrote of the sweeping changes to Australia’s breach reporting regime that had been passed into legislation by Federal Parliament and would have significant implications for Australian financial services and credit licensees ( AFS Licensees and Credit Licensees respectively).
31 March 2021
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement was not covered because: the units in an ASX-listed trust the subject of the proceedings were not “securities”; and the proceedings arose from...
22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
15 January 2021
Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others . Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders.
14 December 2020
SFC releases FAQs simplifying compliance with electronic data storage requirements – But is it really as simple as it looks?
The Hong Kong Securities and Futures Commission (SFC) has released its long awaited FAQs regarding its 31 October 2019 circular on the use of external electronic data storage providers (EDSP Circular). While there are some aspects of the FAQs which we anticipate will create practical challenges and...
19 November 2020
Update on Covid-19 Business Interruption Insurance: A Further Win for Australian Policyholders
Policyholders have won the first of a number of Australian test cases about insurance cover for Covid-19 related business interruption losses. In a 5-0 decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases notified under the “...
22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
16 September 2020
Judgment in UK test case on insurance cover for Covid losses
The decision in the UK test case on business interruption insurance coverage related to Covid-19 was handed down last night (Australian time) and represents a potentially significant win for policyholders. The UK Financial Conduct Authority, which brought the case on behalf of policyholders, was...
15 June 2020
Pressure Points: Compliance and governance in financial services in the age of Covid-19 (Australia)
This article is the third in a series by our financial services team which will explore the practical implications of Covid-19 on the financial services industry and our clients' businesses, following our articles on disclosure and operational issues . This edition will examine how the standards,...
09 June 2020
Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
09 September 2022
Henkel washes away Reckitt Benckiser trade marks and interim injunction in dishwasher product stoush
The Federal Court has recently published its decision following the first instance trial on the merits in the ongoing stoush between Reckitt Benckiser ( RB ) (manufacturer of FINISH dishwasher products) and Henkel (manufacturer of SOMAT dishwasher products).
07 September 2022
Cartel Intel – updates from our EMEA network
The cartel crackdown continues across EMEA, with levels of enforcement exceeding those witnessed immediately before the COVID-19 pandemic. Leading the way, the European Commission has conducted new dawn raid inspections in each of May, June and July. At the same time, the rules of the game have...
07 September 2022
CONSORTIA AND COMPETITION LAW
Kyriakos Fountoukakos (EMEA Regional Head of Competition, Regulation and Trade) and Kian O'Connell (Legal Stagiaire) in our Brussels office have recently co-authored an article on EU competition law considerations in relation to consortia, published by Competition Policy International .
01 September 2022
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...
01 September 2022
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...