Insurance Law

Contact: Mark Brookes, Partner, Dee Wood, Senior Associate and Natasha Millington, Solicitor; Carter Newell (Queensland, Australia)

Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 2) [2014] FCA 481

Introduction

Following the Federal Court’s decision in Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd Limited (No 2) [2014] FCA 481, insureds (and insurers) should be careful not to assume that privileged information provided by an insured to its insurer will always remain privileged.

This article explores the adverse consequences for an insured who was held to have waived privilege over information it provided to its insurer in the course of making a claim under the relevant policy, and provides a checklist to assist parties to avoid unintentionally waiving privilege.

To read the full article click here, or visit www.carternewell.com