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  • Article

    Lost Policies And The Onus Of Proof

    The High Court has recently held that an insurer bears the onus of proof when asserting the applicability of an exception that precludes entitlement to indemnity or the existence of a limit of liability.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Not all cyber insurance policies are equal

    All organisations should review their cyber insurance policies and prioritise their risk management strategies.
    AustraliaInsurance
    KordaMentha
    KordaMentha
  • Article

    Occupiers Liability: Balpar Pty Ltd v Peter Hamrol [2007] NSWCA 189

In this short and succinct decision the Court of Appeal refused to overturn the trial judge's findings in favour of the plaintiff, who suffered injury after having to push a loaded trolley up a ramp to a cellar door at a hotel.
AustraliaInsurance
Curwoods Lawyers
Curwoods Lawyers
  • Article

    Playing rugby held - in the course of employment

    The decision that a worker was entitled to workers compensation for injuries suffered during a rugby game was upheld.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Prohibition on plaintiffs' self-interested statements about hypothetical scenarios reinforced

    The Court confirms that any assertion of what the plaintiff would have done in a hypothetical situation is inadmissible.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    Queensland leading the charge against claim farming for personal injury claims

    Recent legislation prohibits the unscrupulous practice of claim farming across personal injury claims in Queensland.
    AustraliaInsurance
    Travis Schultz & Partners
    Travis Schultz & Partners
  • Article

    Risk Assessment: The Importance Of Considering The Insured's Corporate Culture

    Culture is a term that we all understand to mean the shared set of values or assumptions that reflect the underlying mind-set of an organisation.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Risk Assessment: The Importance Of Considering The Insured's Corporate Culture

    Culture is a term that we all understand to mean the shared set of values or assumptions that reflect the underlying mind-set of an organisation.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Sharing the burden of catastrophic injury on Western Australian roads

    The Catastrophic Injury Scheme is a no fault insurance cover for those who suffer catastrophic injury in road accidents.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    Simple, practical steps to help lawyers avoid professional indemnity (PI) claims

    Many PI claims arise from problems relating to file notes, the source of instructions and accepting client assurances.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Solicitors of the insured do not owe a duty of care to the insurer of their client

    Recent case confirmed that lawyers duty of care does not extend to insurer of client.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Succeeding in total and permanent disability insurance claims: The devil is in the detail

    The ASIC review into the life insurance industry highlighted significant shortcomings with the management of claims.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Succeeding in total and permanent disability insurance claims: The devil is in the detail

    The ASIC review report highlighted significant shortcomings with the management of life insurance and TPD claims.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    The fallout — your losses from a cyber breach

    Many cyber breaches - and associated losses - could be prevented through simple security controls and insurance policies.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    The importance of good process when assessing a TPD claim

    The "Relevant Legal Principles" create a pathway to determining what is real and what is theoretical in TPD cases.
    AustraliaInsurance
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from Amaca

    Your insurer goes bust – can you as an insured claim the reinsurance proceeds? An important decision in the NSW Supreme Court gives useful guidance on when a court will allow departures from the statutory scheme controlling the application of reinsurance proceeds (Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90).
    AustraliaInsurance
    Clayton Utz
    Clayton Utz
  • Article

    Unfair contract terms: Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272

    The first instance of applying the new unfair contract terms in the ASIC Act to insurance contracts.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    Unfair terms in insurance contracts to be imposed: A Christmas present from Treasury

    The Insurance Contracts Act will be amended to impose an unfair contract term regime in general insurance contracts.
    AustraliaInsurance
    DibbsBarker
    DibbsBarker
  • Article

    Unmanned Aerial Vehicles (UAVs) or RPA or drones: The liability regime In Australia

    CASA is reviewing regulations for their effectiveness in managing risks associated with the use of unmanned aircraft.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    What is business interruption insurance cover? And do you need it for your business?

    Business interruption insurance cover creates a financial buffer following unforeseen catastrophic events.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Showing 681–700 of 2025 results

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