Plaintiff’s access to defendant insurance

CGU Insurance Limited v Blakeley [2016] HCA 2

The High Court of Australia upheld orders granting claimant liquidators the right to join the defendants’ insurer to the proceeding, to pursue the claim against the defendants’ insurer (who had rejected the defendants’ insurance claim). In dismissing the insurer’s High Court appeal, the High Court reviewed sections 562, 588G and 588M of the Corporations Act (Cth), and considered state and federal jurisdictions over those provisions by virtue of section 79 of the Judiciary Act (Cth).

This summary is not advice and is only an indication of the court’s decision. More considered and customised analysis and advice should be sought from Adley Burstyner or another lawfirm before the summary is relied on for any decision or conduct.

This case may open up several new ways to utilise a defendant’s insurance. Adley Burstyner has some creative ways this decision can be used to plaintiffs’ benefit. To discuss the possibilities in this regard, or any other aspect of this case, please contact:

David Burstyner
Principal
M +61 411 072 743  |  T +61 3 9611 0137
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
dburstyner@adleyburstyner.com.au