Deeds of assignment using future or contingent language such as 'will assign' or 'agrees to assign' do not constitute absolute assignments under s 12 of the Conveyancing Act 1919 (NSW) and operate only as equitable assignments. An insurer holding only an equitable assignment of its insured's causes of action must sue in the insured's name, not its own. Express notice in writing to the obligor must be given before commencement of proceedings for a legal assignment to be effective.
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