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Welcome to the TurksLegal website
TurksLegal is a law firm operating from offices in Sydney and Melbourne. We focus on the legal issues that arise in the operation of businesses and the legal needs of individuals. Our clients operate in a variety of areas including insurance, banking, financial services, insolvency, general manufacturing, government, health care and many more.
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Latest Publications
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05/02/10: TURKALERT: Original Underwriter not Required - Court Upholds an Insurer’s Right To Avoid Under s29(2) of the ICA
In Kenan Berk v Westpac Securities Administration Ltd & Anor the Supreme Court of NSW has found that a life insurer was entitled to avoid a policy pursuant to s29(2) of the Insurance Contracts Act 1984 (Cth) (the Act) for fraudulent misrepresentation and non-disclosure.
The judgment is noteworthy because it clarifies one controversial point with respect to the nature of the underwriting evidence required under s29(2) — namely, that a life insurer does not necessarily have to call the original underwriter to establish that it would not have offered the policy on the same terms.
The case was unusual because the insured made the concession that if the answers on the application were his, then he was guilty of fraud. Nonetheless the judgment still demonstrates that some truthful answers in an application document does not of itself lead to an inference that the insured has not been fraudulent.
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19/01/10: TURKALERT: Trustees Incidental Errors do not Undermine Genuine Consideration - Telstra Super Pty Ltd v Finch
We previously reported on the two earlier judgments handed down in 2008 in relation to this contested claim for total and permanent invalidity. Please click on the following links to see our earlier TurkAlerts:
'Remittance of a Decision to the Trustee is the Rule, not the Exception’ and 'Focus on a Trustee’s Obligations When Assessing a Claim'.
The judgment of the Victorian Court of Appeal was published just before Christmas. The main legal issue decided was one regarding the construction of the deed in question and this makes the judgment of limited relevance as a precedent. It nevertheless includes a useful commentary regarding the circumstances in which a court may intervene in a discretionary decision on the ground the discretion was not exercised in good faith, upon real and genuine consideration.
Importantly, the Victorian Court of Appeal has signalled that not all departures from ‘procedural fairness’ will vitiate a decision on this ground. Harassed trustees can take comfort from the Court’s observation that the fact that a trustee makes an incidental factual error or does not undertake every possible inquiry is not sufficient reason for it to set aside a decision that was made in good faith, on real and genuine consideration and for a proper purpose.
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05/01/10: PAPER: NSW Wills and Foreign Assets
This paper deals with the circumstances in which a foreign jurisdiction will recognise a New South Wales Will in relation to assets within the foreign jurisdiction.
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about us 
COMMERCIAL DISPUTES & INSOLVENCY 
