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The Wayne Tank principle operates with the effect that insurers may avoid liability where there are multiple causes of damage and only one of these causes of damage falls within an exclusion clause under the policy. In rejecting the Plaintiffs’ claims following flooding in the Brisbane CBD in January 2011 his Honour Justice Davis pointed out that insurers cannot simply rely on the Wayne Tank principle and they must consider the application of the contractual intentions of the parties and in particular the wording of the exclusion itself before relying on Wayne Tank to decline a claim. here.
Gilchrist Connell's latest Limelight edition explores the recent decision of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd  VSC 246 which held that a limitation clause in a construction project that sought to restrict the time in which a party could bring a misleading or deceptive conduct claim under the Australia Consumer Law (ACL) was unenforceable. See the full article by Katherine Czoch and Marini Mann here.
Just a reminder that seats are still available at our upcoming trivia night. If you wish to attend, please contact us as soon as possible.
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Our next event is in at XYZ to discuss Z and Y about K.
Seminars organised by VCDG provide an opportunity for attendees to learn, network and engage in discussion whilst earning CPD/CIP points.
Our dedicated VCDG committee strive to put together topical and informative events to cater to all aspects of the insurance industry. If you have any questions please contact the committee.
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