Contact: Glenn Biggs, Partner and Katherine Bland, Associate; Carter Newell (Queensland, Australia)
Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33
It has been more than a decade since the High Court has delivered a judgment on the construction of s 54 of the Insurance Contracts Act 1984 (Cth).
Given the uncertainty with the Court’s interpretation of s 54, the Underwriters in the matter of Highway Hauliers v Maxwell1 were granted special leave to appeal to the High Court earlier this year.
In a unanimous judgment on 10 September 2014, the High Court of Australia endorsed the decision of the Court of Appeal of the Supreme Court of Western Australia and provided much needed clarity in how to approach s 54.
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