Section 54 revisited

Authors: Simon Lusk

In Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, the High Court of Australia (HCA) found that section 54 of the Insurance Contracts Act 1984 (Cth) applied in circumstances where an exclusion under the relevant contract of insurance otherwise applied. In the judgment delivered on 10 September 2014, the HCA confirmed that it was appropriate to take a simple, literal approach to the elements of section 54 in considering whether section 54 is activated in different circumstances, rather than to focus on the form of the contractual term.

Significant cases, legislation or articles referred to

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