Perpetual Trustees Victoria v Malouf [2008] NSWSC 834

In this case the son borrowed on his non-English speaking parent’s house to invest in the short term loan market. The money was lost and the lender sought possession of the house. The parents sought to effectively cross claim against the solicitor who represented them on the mortgage. Lawcover refused indemnity and so they sought to join Lawcover pursuant to s6 of the Law Reform (Miscellaneous Provisions) Act 1946. The application was rejected on the grounds that the Lawcover policy is a “claims made policy” and s6 has no application to such policies.

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