ASIC Scolded for 'Unconstrained Appeal' in Failed Life Insurance Case

ASIC scolded for 'unconstrained appeal' in failed life insurance case

Save (0) Please login to bookmarkClose Username or Email Address Password Remember Me A judge has sounded the alarm bell about regulators launching appeals to re-litigate enforcement proceedings, in a recent decision tossing the corporate cop’s appeal in a case against insurer HCF Life. Subscribe to Lawyerly to access this article.Already a subscriber? Username or Email Address Password Remember Me Lost your…

ASIC Loses HCF Life Unfair Terms Claim

The corporate regulator has lost its appeal against a Federal Court ruling involving HCF Life Insurance’s pre-existing condition policy wording, in a decision that confirms the insurer’s clauses were not unfair contract terms, despite being found liable to mislead consumers. The Full Federal Court dismissed ASIC’s appeal on Friday 19 June, upholding earlier findings that […]

Federal Court calls out ASIC for re-running case on appeal

The Full Federal Court of Australia has criticised regulators for falling back on appeals to re-litigate cases on a different legal basis than the one run at trial. Justices Derrington, Halley, and McEvoy were hearing ASIC's appeal against a previous finding of the Federal Court that a "pre-existing condition" term used in a range of products issued by HCF Life was not an unfair contract term. While the earlier finding that the term was liable t…