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Case review 2023-04-04
Location, location, “location insured” – the Full Federal Court interprets a rainfall exclusion in a contract works policy
In the recent decision of Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited, the Federal Court of Australia held that insurers could rely on a rainfall exclusion in a contract works policy on the basis of logic and business efficacy. This decision highlights that insureds and insurers should be careful to ensure that the level of cover they hold is adequate, and that policies are appropriately drafted and priced.
Case review 2022-10-12
Class action waivers - full sail or in the doldrums?
In this article we explore the recent decision of Carnival plc v Karpik (The Ruby Princess) where the Full Court of the Federal Court of Australia considered whether contracts which purport to exclude a right to participate in a class action are enforceable under Australian law.
Case review 2022-10-10
Shipbuilding bank guarantee battle - NSW Supreme Court allows call on bank guarantee amidst an ongoing US$1bn arbitral dispute over FPSO construction
In the recent decision of Daewoo Shipbuilding & Marine Engineering Co Ltd v Inpex Operations Australia Pty Ltd, the NSW Supreme Court held that a party will not, prima facie, be precluded from calling upon a bank guarantee for the sole reason that arbitral proceedings have been commenced and are pending determination.
Marine Brief: latest decisions July 2022
In this briefing, we consider some recent decisions covering wilful misconduct under the CMR, apportionment of liability under the Collision Regulations, the construction and scope of indemnity cover of mortgagee's interest insurance policies and the power of a ship’s master to arrest or confine a person on a ship at common law.
Russia - Ukraine crisis: impact of global sanctions on shipping
As Russia’s invasion of Ukraine progresses, global leaders have responded by imposing increasingly severe sanctions against Russia, Russian companies and Russian individuals. Here, we consider the impact of the current sanctions from various jurisdictions around the world, with a focus on those areas which might impact the global shipping and trade industry.
Record number of partner promotions reflect Kennedys continued growth in Australia
Global insurance and litigation law firm Kennedys has promoted six new partners in Australia, a significant share of the record round of 22 partner promotions worldwide that take effect from 1 May 2022. This is the largest round of internal promotions since Kennedys opened the first Australian office in 2006.
Kennedys promotes record number to global partnership
We have promoted our largest ever number of lawyers to partner. With 22 new partners joining the partnership, it is more than double the number promoted last year (10) and takes our total worldwide partner count to 293.
Case review 2022-04-13
‘Here comes the Hook’ - the master’s power to confine passengers confirmed by NSW Court of Appeal
In an Australian first, the NSW Court of Appeal in Royal Caribbean Cruises Ltd v Rawlings recently provided guidance regarding the power of a ship’s master to arrest or confine a person on a ship at common law. The decision also confirms the justification defence as it applies at common law, and comments on the application of Australia’s choice of law rules for incidents on the high seas.
Overview of Insurance & Reinsurance Laws and Regulations in Australia
In this publication, Kennedys experts answer a series of questions relating to Australian Insurance and Reinsurance Laws and Regulations and identify common issues, including regulatory authorities and procedures, (re)insurance claims, litigation and arbitration.
The Legal 500 Asia Pacific 2022 rankings: Kennedys recognised across the region
Following the publication of The Legal 500 Asia Pacific 2022, the firm has seen some impressive rankings in the latest guide to top law firms and lawyers across the region.