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Watch Your Step: Obvious Risk and Contributory Negligence in Recent NSW Court of Appeal Decisions

Two recent decisions of the New South Wales Court of Appeal consider how obvious risk and contributory negligence operate in practice under the Civil Liability Act 2002 (NSW).

Published by Ren Li
14 May, 2026
CTP Insurance

Weekly Benefits Not Allowed Where Post-Accident Earnings Exceed PAWE

The decision in Cameron v Allianz Australia Insurance Limited [2026] NSWPICMR 15  was delivered on 29 April 2026 and published on 9 May 2026.

Published by Peter Hunt
11 May, 2026
Insurance

The Quietly Evolving Standard of Care: Lessons from the Westfield Bondi Junction Inquest and the Modern Application of s 5O of the NSW Civil Liability Act 2002

Joel Cauchi arrived at Westfield Bondi Junction on the afternoon of 13 April 2024. Earlier that day he had accessed his storage unit and then returned to the shopping centre with a knife in his backpack.

Published by Ren Li
8 May, 2026
CTP Insurance

Corner Marker Mostly at Fault on Motorcycle Club Run

The decision in Hernandez-Taylor v AAI Limited t/as GIO [2026] NSWPIC 208  was delivered on 10 April 2026 and published on 1 May 2026.

Published by Peter Hunt
4 May, 2026
CTP Insurance

Inconsistencies Depicted in Surveillance Constitute “Exceptional Circumstances”

The decision in Angileri v Allianz Australia Insurance Limited [2026] NSWPIC 139  was delivered on 27 February 2026 and published on 24 April 2026.

Published by Peter Hunt
28 April, 2026
CTP Insurance

Driver Most-at-Fault for Aggressive Merging Manoeuvre

The decision in Contos v Allianz Australia Insurance Limited [2026] NSWPIC 187  was delivered on 2 April 2026 and published on 17 April 2026.

Published by Peter Hunt
20 April, 2026
CTP Insurance

Due Inquiry & Search Conducted Before Scent Went Cold

The decision in Raad v Nominal Defendant by its agent Allianz Australia Insurance Limited [2026] NSWPIC 173 was delivered on 2 April 2026 and published on 9 April 2026.

Published by Peter Hunt
13 April, 2026
CTP Insurance

Claimant Who Suffered an Unforeseen Medical Episode Not Wholly or Mostly at Fault

The decision in McManus v QBE Insurance (Australia) Limited [2026] NSWPIC 175 was delivered on 23 March 2026 and published on 2 April 2026.

Published by Peter Hunt
7 April, 2026
CTP Insurance

Pointless Physiotherapy Found Not Reasonable and Necessary

The decision in AAI Limited t/as AAMI v Zawit [2026] NSWPICMP 186 was delivered on 12 March 2026 and published on 27 March 2026.

Published by Peter Hunt
30 March, 2026
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