Federal Court of Australia
Federal Court of Australia
Hannover Life Re of Australasia Ltd v Minister for Families and Communities [2023] FCA 80 File number: NSD 893 of 2022
Judgment of: ALLSOP CJ
Date of judgment: 10 February 2023
Catchwords: INSURANCE – application by an insurer under s 215 of the Life Insurance Act 1995 (Cth) for discharge from liability under a policy of life insurance upon the payment of certain monies into Court – where surrounding circumstances involve the murder and suicide of a beneficiary and policyowner – where applicant seeks for its costs to be paid
Legislation: Life Insurance Act 1995 (Cth), s 215 Children and Young Persons (Care and Protection) Act 1998 (NSW)
Cases cited: Swiss Re Life & Health Australia Ltd v Public Trustee of Queensland (No 3) [2018] FCA 1918 Troja v Troja (1994) 33 NSWLR 269 Westpac Life Insurance Services Ltd v Mahony (No 3) [2020] FCA 285 Westpac Life Insurance Services Ltd v Mahony [2016] FCA 1071
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 27
Date of hearing: Determined on the papers
Solicitor for the applicant: Turks Legal
Solicitor for the respondent: NSW Crown Solicitor
ORDERS NSD 893 of 2022
BETWEEN: HANNOVER LIFE RE OF AUSTRALASIA LTD (ABN 37 062 395 484) Applicant
AND: THE MINISTER FOR FAMILIES AND COMMUNITIES Respondent
order made by: ALLSOP CJ DATE OF ORDER: 10 February 2023
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