In Berryman v Zurich Australia Ltd [2016] WASC 196 it was decided that a bankrupt's entitlement to claim a TPD benefit under a life insurance policy is not an entitlement that is divisible amongst the bankrupt's creditors, and therefore such an entitlement does not vest in the Official Trustee in bankruptcy. Tottle J of the Supreme Court of Western Australia ruled that the bankrupt insured could continue an action in his own name to recover the TPD benefit. Life insurers may need to adjust their claims' payment practices in light of the Berryman decision.
The Court of Appeal decided yesterday that it couldn’t make a ruling on the correct way to calculate the collective redundancies threshold without making a reference to the European Court of Justice. Employers will therefore have to wait a considerable while longer before the law is clarified.
Introduction
Introduction
Introduction
Introduction
Introduction
Introduction