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Case review 29/10/2020
Come fly with me, let's fly, let's fly away - to ‘give possession’ does not include flying aircraft engines home
In VB Leaseco Pty Ltd (Administrators Appointed) v Wells Fargo Trust Company, National Association (trustee)  FCAFC 168, the Full Federal Court of Australia has overturned a first instance decision requiring Virgin’s Administrations to redeliver leased aircraft engines to Florida.
Kennedys’ global footprint means we are uniquely placed to review the impact of COVID-19 in the legal casualty market, and on the functioning of court systems in our different jurisdictions.
We’re very pleased to announce a collaboration with AXIS Insurance, the specialty insurance business segment of AXIS Capital Holdings Limited, to jointly launch the AXIS Marine Cyber Insurance product.
Kennedys continues to grow in the EMEA region as we are being joined by all partners and staff of former associate firm Zelichov, Ben-Dan & Co to create a brand new Kennedys office in Israel.
Brokers’ E&O insurance premiums are dramatically on the rise, with some industry commentators citing three and even four-fold rate increases in recent months. Here, we consider the main drivers of this rapid market adjustment; specifically, whether these changes are principally a function of the coronavirus pandemic, or instead caused by pre-existing cyclical factors that have left premiums vulnerable to dramatic repricing.
Case review 29/09/2020
No time for Maritime: NSW Civil and Administrative Tribunal affirms no jurisdiction to hear maritime claims
The Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT) has confirmed that the Tribunal does not have jurisdiction to hear a maritime claim, which includes a claim arising out of an agreement that relates to the carriage of goods by a ship.
For insurers, the most impactful element of defamation law reforms is the clarification of the cap for damages for non-economic loss. In a timely judgment, Gibson DCJ has provided a useful analysis of two issues that remain unsettled, despite the reforms, in relation to damages in defamation claims.
Case review 15/09/2020
In Salih v Emirates  NSWCA 215, the NSW Court of Appeal has denied an application for leave to appeal (the Application) made by a passenger, Mrs Salih (the Plaintiff), who was injured when an overhead compartment landed on her thumb during an international flight.
The list of well-known Australian businesses who have been recently accused of underpaying their employees seems endless: Qantas, Coles, Target, Woolworths, Bunnings, Dominos, Subway, ABC and others. These are the more notable businesses. There are many more who been accused, correctly, of underpayments, and many notable, and less notable, businesses have been subject to proceedings, adverse findings and civil penalties.
The Australian arm of global insurance and litigation law firm Kennedys today announced the promotion of 10 lawyers to new senior roles, in the largest-ever group of promotions for the firm in Australia in a single year.