W.R. Berkley Insurance (Europe) Limited, in the matter of Division 3A of Part III of the Insurance Act (1973) (No 3) [2016] FCA 1497

FEDERAL COURT OF AUSTRALIA

W.R. Berkley Insurance (Europe) Limited, in the matter of Division 3A of Part III of the Insurance Act (1973) (No 3) [2016] FCA 1497 File number: NSD 1201 of 2015

Judge: ALLSOP CJ

Date of judgment: 28 October 2016

Date of publication of reasons: 13 December 2016

Catchwords: INSURANCE – transfer of insurance scheme between general insurers – intra-group transfer – where both transferor and transferee are Australian branches of foreign insurers – reinsurance orders made – scheme confirmed without modification

Legislation: Insurance Act 1973 (Cth) ss 12, 17B, 17C, 17F, 28, 116, 116A

Cases cited: American Home Assurance Company (No 2) [2011] FCA 316 Application of Sompo Japan Insurance Inc. under the Insurance Act 1973 (Cth) (No 2) [2014] FCA 677 Atradius Credit Insurance N.V., in the matter of Atradius Credit Insurance N.V. (No 2) [2016] FCA 1495 Gordian RunOff Ltd (No 2) [2013] FCA 1329 HDI-Gerling Australia Insurance Company Pty Limited, in the matter of HDI-Gerling Australia Insurance Company Pty Limited (ABN 16 069 085 196) (No 2) [2010] FCA 669 In the matter of Reward Insurance Ltd [2004] FCA 151 Mercantile & General Reinsurance Company of Australia Ltd [2004] FCA 1773 SGIC General Insurance Ltd [2004] FCA 1639 W.R. Berkley Insurance (Europe) Limited, in the matter of Division 3A of Part III of the Insurance Act (1973) [2016] FCA 374 W.R. Berkley Insurance (Europe) Limited, in the matter of Division 3A of Part III of the Insurance Act (1973) (No 2) [2016] FCA 393 QBE Insurance (Australia) Ltd, in the matter of Division 3A of Part III of the Insurance Act 1973 (Cth) & QBE Insurance (Australia) Ltd (No 2) [2016] FCA 288