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.

A common fact in any transaction, is the effect of human relations, daily life and commercial realities. The legal do's and don'ts are often overtaken by practicalities. An example is a need for a tenant to enter into occupation of premises.

The recent case of Mann Aviation Group (Engineering) Ltd (in Administration) v Longmint Aviation Limited Ltd dealt with the rights of an occupier going into possession of premises and paying rent, but without any form of written lease or licence.