PRACTICE POINTS
  • Insurance: What’s the go with double insurance? KWM explains that when an insured holds two or more policies covering the same risk, that’s double insurance, but it doesn’t mean double payout. The High Court in Albion Insurance v GIO confirmed that while multiple insurers can respond, the insured can only recover up to the actual loss. Under s 76 of the Insurance Contracts Act, the insured may claim from any one insurer, with others later contributing between themselves. There’s no common law duty to disclose other double cover to an insurer unless required by the policy. And s 45 voids any term in a policy that seeks to limit or exclude cover simply because another policy exists—unless the other policy is specifically identified. Practically, insureds should review all responsive policies and seek broker input to avoid coverage gaps or overlaps: KWM

  • Employment: The Fair Work Commission has ruled that a worker who quit after her employer botched a sexual harassment investigation was constructively dismissed. The part-time airport employee resigned after delays, mixed messages and a lack of support following her complaint about a male colleague’s behaviour. In finding for the employee, the FWC said the employer’s conduct was “sufficiently egregious” to leave her no real choice but to resign, making it a forced resignation under the Fair Work Act: Allens

  • Privacy/Disputes: Individuals can sue directly for serious invasions of privacy without proving loss or waiting for OAIC action. And damages up to $478,550 or the defamation cap, whichever is higher. The recent tort, set out in Schedule 2 of the Privacy Act, goes well beyond the Australian Privacy Principles, covering both intrusions into seclusion and misuse of personal information, even by entities outside the APP regime. To succeed, plaintiffs must show a reasonable expectation of privacy, that the conduct was intentional or reckless, and that the invasion was serious, balancing against public interest factors like media freedom or security: Spruson & Ferguson

  • Corporate: ASIC has unveiled a major blueprint to modernise Australia’s public and private markets, promising to back investment, not block it. ASIC’s report outlines reforms to streamline IPOs, simplify disclosure, and lift standards in private credit and wholesale funds. On the public side, ASIC’s fast-track IPO pilot stays, while guidance on prospectus disclosure and publicity rules will be overhauled. The regulator is also pushing the ASX to revisit free float and foreign-listing thresholds to make listings more accessible for smaller and growth companies. In private markets, ASIC is tightening the screws on private credit, citing weak transparency, valuation, and fee practices across 28 funds. Expect refreshed conflicts guidance (RG 181), enhanced fund-level reporting, and tougher scrutiny of super fund governance and liquidity. Chair Joe Longo says ASIC wants to be a “backer, not a blocker” of investment: Ashurst

  • Merger Reform: The ACCC has released another round of updates to its merger reform FAQs, clarifying two practical points for dealmakers. The first concerns Heads of Agreement, where the Commission confirms that merger parties can notify at this stage, provided the transaction terms are sufficiently defined to assess whether there is an intention to contract for acquisition. The second addresses exchange rates, with guidance to apply the daily rate as at the contract date when calculating thresholds for merger notifications.

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