An Australian First: Contingency Fees in Victoria

In an Australian first, contingency fees for lawyers are being proposed in Victoria. That is, lawyers earning their fee by a percentage of a court award or settlement. The Justice Legislation Miscellaneous Amendments Bill 2019 is progressing through Victorian parliament at present. The bill when passed will create a new ‘group class order’ which will […]

AFCA’s Role in BI Insurance Claims and the FCA Test Case

A vast number of Australian businesses have been interrupted by the impact of the COVID-19 pandemic. Media sources have suggested that losses to insurers in Australia could be in the order of $535 million and greater. [i] Various insurance policies cover interruption generally, but this does not necessarily lead to a covered claim. That said, […]

A Business Interruption Test Case in Australia

Following our previous article, the business interruption test case in the UK has concluded and the Insurance Council of Australia (‘ICA’) has commenced an Australian business interruption test case. Filed in the NSW Supreme Court, the test case will focus on claims made with two insurers, Hollard and HDI Global Specialty.i Similarly to the UK […]

Changes to Insolvency Laws for Small Businesses in Australia

The Federal Government has recently announced that it intends to change insolvency laws with a focus on helping Australian small businesses that are struggling in the wake of the COVID-19 pandemic.[i] The new laws would form a simplified system that would apply to businesses with less than $1 million in liabilities. The proposed changes relate […]

When Is A Claim At The VCAT Statute Barred?

Steedman V Greater Western Water Corporation The recent Victorian Civil and Administrative Tribunal decision in Steedman v Greater Western Water Corporation [2023] VCAT 128 found that the 6 year time limitation in section 5 of the Limitation of Actions Act 1958 (Vic) does not apply to certain statutory claims where VCAT has exclusive jurisdiction. Background […]