Cyber Risk Management – Quick and Effective Implementation?
Introduction In the modern age, Australian Financial Services Licence holders and their authorised representatives hold vast amounts of...
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Mark Sheller
- Oct 15, 2021
- 4 min
Unfair Contract Terms - Punishing Unfairness
Introduction After extensive submissions and consideration, the Australian Treasury Department has released a proposed bill (‘Bill’)...
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Mark Sheller
- Sep 2, 2021
- 3 min
Unfair Contract Terms – Exemplifying Unfairness
Introduction As the insurance industry in Australia continues to come to grips with its exposure to the unfair contracts act regime,...
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Mark Sheller
- Jul 22, 2021
- 5 min
Locking the Insurer In - The Key Perspective
Introduction In Australia, the duty of utmost good faith continues to develop a strong voice in governing the relationship between the...
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Mark Sheller
- Jul 15, 2021
- 5 min
Locking the Insurer In
Introduction While making good any claim for indemnity, an insured may secure from the insurer a position which is beneficial to that...
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Mark Sheller
- Jul 8, 2021
- 5 min
Joining the Dots - Going from Notification to Indemnity.
Introduction One of the most intricate elements of an insurance policy can be its process for notifying its insurer and, in so doing,...
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Mark Sheller
- Jun 14, 2021
- 4 min
Climate Change - Owing a Duty of Care to Future Generations
Introduction A recent application in the Federal Court of Australia has explored the challenging question of where responsibility for...
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Mark Sheller
- May 18, 2021
- 4 min
When it is difficult to choose Who.
Introduction Class actions are a prominent if not a permanent feature of the litigious landscape in Australia. But what happens when...
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Mark Sheller
- May 11, 2021
- 5 min
Fixing It!
The Construction and Rectification of an Insurance Policy in Australia – Rectification Introduction The increase in litigation in...
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Mark Sheller
- May 11, 2021
- 2 min
Perspective
For the last few months, I have been writing about developments in Australian Insurance law whether they be regulatory or judicial in...
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Mark Sheller
- Apr 11, 2021
- 3 min
Making Sense of It!
The Construction and Rectification of an Insurance Policy in Australia – Construction Introduction With the developing swell of...
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Mark Sheller
- Mar 29, 2021
- 3 min
What Lies Beneath - ASIC and Unfair Insurance Contracts
Introduction On 5 April 2021, a fundamental change to the Insurance Contracts Act 1984 (Cth) commences. From that date, Section 15 will...
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Mark Sheller
- Mar 21, 2021
- 3 min
The Report Card - Compliance with the General Insurance Code
Introduction I have recently written about the significant impact that the forthcoming changes to the General Insurance Code of Practice...
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Mark Sheller
- Mar 14, 2021
- 5 min
Finding the Human Touch in the Duty of Utmost Good Faith.
Introduction A couple of weeks ago I wrote about how the duty of utmost good faith is becoming a powerful force in Australian insurance...
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Mark Sheller
- Mar 8, 2021
- 3 min
Unlocking Defence Costs
Introduction Unfortunately for many, particularly company directors, working in a more and more litigious environment, accessing defence...
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Mark Sheller
- Feb 28, 2021
- 5 min
What can Be Unfair About a Contract of Insurance?
Introduction The notion that a contract or its terms might be unfair is not new. Right? Over the years there have been many cases from...
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Mark Sheller
- Feb 21, 2021
- 5 min
Inviting an Insurer to the Party in New South Wales
Introduction Over the last few years, I have written occasionally about plaintiffs accessing a defendant’s insurance policy or (following...
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Mark Sheller
- Feb 13, 2021
- 3 min
Finding Meaning in an Insurance Policy
Introduction Even though endless hours may be spent drafting an insurance policy, making sure that every ‘t’ is crossed and every ‘i’...
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Mark Sheller
- Feb 7, 2021
- 5 min
Claims Handling and the Duty of Utmost Good Faith - Insurers Beware!
Introduction There is nothing more important than how an insurance policy responds to a claim against that policy. It validates the...
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Mark Sheller
- Feb 1, 2021
- 3 min
Imposing Sanctions - The 2020 General Insurance Code of Practice
Introduction The 2020 General Insurance Code of Practice is about self-regulation. In recent update on the pending changes to the General...
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