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  • Article

    Section 6: Gone But Not Forgotten – The ‘No Utility' Legacy

    On 1 June 2017, the Civil Liability (Third Party Claims Against Insurers) Act 2017 (the Act) received Royal Assent and entered into force in New South Wales.
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Selig v Wealthsure Pty Ltd - High Court clarifies the scope of the proportionate liability regime in the Corporations Act

    The proportionate liability regime in the Corporations Act is limited to claims for misleading or deceptive conduct.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
Article

Shopping centre and its managing agent not liable for a customer’s injury arising from a slip and fall on wet pavement

The claim failed because reasonable precautions had been taken against the risk of someone slipping on the pavement.
AustraliaInsurance
HopgoodGanim
HopgoodGanim
  • Article

    The importance of understanding your medical malpractice & civil liability insurance policy - Updated

    The Appeal decision confirms the need to understand medical malpractice and civil liability policy terms and conditions.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    The unavoidable accident – Causation in the WA CTP Motor Vehicle Scheme

    This case still remains relevant and provides guidance as to how the tests of causation will be applied in the courts.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    Top Tips and Tricks for Making a Successful Travel Insurance Claim

    Travel insurance is a vital safeguard against unforeseen events such as medical emergencies, trip cancellations, and lost luggage.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Transfer of insurance business: dispensation of requirements of the Insurance Act 1973

    The cases provide guidance to insurers as to in what circumstances a Court may be prepared to exercise this discretion.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Understanding the transition from Police Blue Ribbon Insurance to the Enhanced Police Support Scheme

    Outlines key changes under the new scheme & what these changes mean for NSW Police Officers
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Vicissitudes for future domestic assistance?

    In this case the NSW Court of Appeal had to deal with the interplay between the provision of gratuitous domestic assistance and the claimed need for assistance on a commercial basis into the future. Of interest, the provision of past gratuitous assistance may not immediately convert to damages for the cost of commercial services post dating the trial.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    WA Court of Appeal dismisses appeal by freeway truck driver

    His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    Will the lack of a Vaccine Compensation Scheme slow the uptake of a COVID-19 vaccine in Australia?

    Australia, unlike many industrialised countries, does not have a vaccine injury compensation scheme in place.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    A win for the cyclist when a careless driver backs into trouble

    This recent decision resulted in a victory for an injured cyclist who took evasive action to avoid a reversing driver.
    AustraliaLitigation, Mediation & Arbitration
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Asking the right questions to make out the Peer Professional Opinion defence

    In Australia, the defence allows a professional to defend a negligence claim if conduct is endorsed by a body of peers.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Company Indemnity Read Strictly In NRMA-Whitlam Case

    In an important decision for companies and their directors, the Court of Appeal has held that Mr Nicholas Whitlam, former NRMA President, was not entitled to an indemnity for his costs in defending the defamation proceedings he commenced against 2GB and Channel Nine in 2002.
    AustraliaLitigation, Mediation & Arbitration
    Minter Ellison
    Minter Ellison
  • Article

    Court considers whether indexation applies to deductible under captive insurers policy

    The Court held that the indexation applied to the deductible under the Policy and so the insured's claim was dismissed.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Employer can argue causation despite County Court's findings

    The Court of Appeal rejected a worker's argument that her employer was prevented from re-arguing the issue of causation.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    General: Loss adjuster’s reports declared privileged

    A recent decision upheld an insurer's claim of legal professional privilege over a loss adjuster's reports.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Negligence: When the chips are down

    The case clarifies the test to establish factual causation, with general application in all jurisdictions in Austrralia.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    NSW Court of Appeal puts the body back into bodily injury

    This decision will be relevant to carriers and their insurers, in terms of exposure for mental injuries, such as PTSD.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    When Will The Civil Liability Act Apply To Claims Involving A Worker?

    Two recent decisions of the Queensland Court of Appeal clarify how recent tort reforms will affect those injured in a car accident in the course of their employment.
    AustraliaTransport
    DLA Piper Australia
    DLA Piper Australia
  • Showing 881–900 of 2025 results

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