Your search for ‘Moray & Agnew’ returned 262 results

This case demonstrates the importance of having appropriate polices and procedures to handle complaints in a business.

A discussion on Kuhl v Zurich Financial Services Australia Limited [2011] HCA 11

Martens v Commonwealth: whether the Commonwealth’s departments or agencies bound by State or Territory legislation that regulates prelitigation procedures?

Mortgage originators should make a reasonable effort to ensure the details in loan application documents are correct, and not turn a blind eye to the question of whether the borrower will be able to service the loan repayments. Failure to do so may constitute unconscionable conduct and lead to liability.

The plaintiff was injured when her 11 year old son, the first defendant, attempted to drive her vehicle into the family carport. The first defendant was driving the vehicle with the plaintiff’s permission, and with the plaintiff standing two metres in front of the vehicle, directing the first defendant into the carport. The first defendant’s foot slipped from the brake and onto the accelerator, prior to the vehicle striking the plaintiff, causing crush injuries and burns.

The failure of the hotel to evict aggressive patrons did not constitute a breach of a licensed premises’ duty of care.

An employer must be able to demonstrate the post-termination restraint clause was appropriately drafted and reasonable.

Avoidance of income protection policy because of non-disclosure and fraudulent misrepresentations. Money already paid out not recoverable?

Summary of recent NSW Workers Compensation Legislative Amendments

In this case an insurer successfully declined indemnity to a mortgagee, whose interests were noted on a property policy, in circumstances where a person who entered premises with the consent of the insured deliberately set fire to the insured property.

This case involved a lender suing a valuer for damages for a lost opportunity to make an alternative investment. The Full Federal Court of Australia determined that, in assessing damages, the Court should first inquire into whether it was more probable than not that the lender would have entered into an alternative loan transaction. If so, it should proceed to inquire into the degree of probabilities and possibilities and, assign a value to the lost opportunity.

A discussion on Day v Rogers [2011] NSWCA 124

The Queensland Supreme Court has held the ancient maritime rule apportioning liability 50/50 regardless of respective fault, when two ships collide, no longer prevails. Instead, liability is apportioned according to each helmsman’s respective fault.

In this case, the Victorian Court of Appeal held that s56(1) of the Insurance Contracts Act 1984 (Cth) ('ICA'), which deals with fraudulent insurance claims, did not apply to fraudulent misstatements made by a claimant in the course of legal proceedings against the insurer.

Acting President Bill Roche of the Workers compensation Commission of NSW (‘WCC’) dismissed an appeal lodged by an employer against the decision of the Arbitrator to award a worker benefits of weekly compensation and treatment expenses as a result of a psychological injury.

The NSW Court of Appeal recently considered the amendments to s15(3) <i>Civil Liability Act 2002</i> (‘the Act’) relating to damages for gratuitous attendant care. The decision considered what is required to satisfy the threshold that gratuitous attendant care services be provided for at least six hours per week and for a period of at least six consecutive months.

The NSW Court of Appeal constituted a bench of five judges to hear the appeals in Angel and Hocking as in both matters the defendant councils raised a defence based on s45 of the Civil Liability Act 2002 (NSW) ('the CLA').