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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
Introduction On 8 December 2021 the High Court delivered their decision in Arsalan v Rixon and Nguyen v Cassim. The decisions were appealed from the New South Wales Court of Appeal, and each relate to the situation where an insured driver has caused ...
Introduction Claimants and insurers alike may utilise section 7.26 of the Motor Accident Injuries Act 2017 (‘the Act‘) to refer a medical assessment decision to a panel for review. During such a review, a medical panel has a duty to not o...
The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Constitution. But when does federal jurisdiction arise? Does a minor injury dispute between a resident of Queensland a...
Author: Laurette Rizk Judgment date: 6 October 2021 Citation: Oeding-Erdel v Allianz Australia Limited [2021] NSWSC 1264 Jurisdiction: Supreme Court of New South Wales, McCallum JA Can the Proper Officer of SIRA lawfully determine applications for re...
The NSW Court of Appeal delivers a win for home owners and their insurers, confirming residential occupiers are not expected to take precautions for every possible hazard at their home. Judgment date: 14 September 2021 Citation: Prouten v Chapman [20...
The Queensland Supreme Court refused to make a declaration that a professional indemnity policy should cover an insured for claims for compensation arising from alleged misleading and deceptive conduct under the Australian Consumer Law (ACL) while th...
Author: Stephanie Ibrahim Judgment Date: 26 August 2021 Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 (26 August 2021) Jurisdiction: Supreme Court of New South Wales, Adamson J Principles A decision-maker must fairly address the a...
From 27 March 2021, a number of amendments to the Fair Work Act 2009 (the FWA) came into effect regarding the workplace entitlements and obligations of casual employees. The changes had a transitional period for implementat...
In the recent case of Wollongong City Council v Williams [2021] NSWCA 140, the NSW Court of Appeal considered the duty of a Council to entrants of a public park. Principles An occupier of a park owes a duty to take reasonable care to avoid the forese...