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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the pur...
In the recent case of Hoblos v Alexakis [2021] NSWCA 126, the NSW Court of Appeal found that whilst the credibility of an injured plaintiff is essential in proceedings, being a poor historian or exaggerating injuries suffered does not negate the plai...
Is the correct test of causation whether an alleged injury is a ‘direct consequence of the motor vehicle accident’? The NSW Supreme Court provides the answer in Hunter v NRMA Insurance. Judgment date: 2 June 2021 Citation: Hunter v Insura...