Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Life Insurance Services Limited v Mahony [2016] FCA 1071 File number: QUD 271 of 2016
Judge: ALLSOP CJ
Date of judgment: 2 September 2016
Catchwords: INSURANCE – life insurance – the legitimate engagement of s 215 of the Life Insurance Act 1995 (Cth) – where a person set to benefit under a life insurance policy may be denied benefits by operation of the forfeiture rule – whether costs should be allowed for making of application and in what amount
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth) Life Insurance Act 1995 (Cth), s 215
Cases cited: Challenger Life Company Limited v Estate of the late Robert John Real [2014] FCA 1325 Edwards v State Trustees Limited [2016] VSCA 28 Helton v Allan [1940] HCA 20; 63 CLR 691 MLC Ltd v Brooker [2001] FCA 845
Date of hearing: 25 May 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List
Category: Catchwords
Number of paragraphs: 39
Counsel for the Applicant: Mr M J May
Solicitor for the Applicant: Cooper Grace Ward Lawyers
Solicitor for the First Respondent: Mr G F Jongkind of Jongkind Frank & Co
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