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Litigation and Dispute Resolution

High Court to Rule on Reliance Damages in Case Against Council for Aircraft Hanger Built at Cessnock Airport

An upcoming High Court appeal could significantly change the way Courts assess claims for reliance damages in commercial litigation.

Published by Foez Dewan
28 November, 2023
CTP Insurance

Walking and talking (on the phone) – did the Claimant contribute to his injuries? Kouchekisheikhani v Allianz Australia Insurance Limited [2023] NSWPIC 597

On 24 November 2023 The Personal Injury Commission released its decision in Kouchekisheikhani v Allianz Australia Insurance Limited [2023] NSWPIC 597. The Claimant alleges he was standing behind a parked car and that the Insured vehicle ran over his ...

Published by Helen Huang
27 November, 2023
Insurance

NSW Court of Appeal dismisses Bowling Club’s appeal against finding of negligence: Black Head Bowling Club Ltd v Harrower [2023] NSWCA 267

In its decision regarding Black Head Bowling Club Ltd v Harrower [2023] NSWCA 267, the New South Wales Court of Appeal has dismissed an appeal by Black Head Bowling Club against a finding that it was negligent for failing to hire an engineer to verif...

Published by Peter Miller
24 November, 2023
Insurance

Better the Wrongs Act we knew: Victorian Court of Appeal confirms courts must accept multiple Medical Panel determinations

Through its recent decision in Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281, the Victorian Court of Appeal has restored what had been a tacit understanding in personal injury litigation.

Published by Richard Johnson
23 November, 2023
Insurance

Why actual earnings are not always an accurate reflection of future potential earnings: Alldinger v Du Ranot [2023] NSWCA 271

The decision in Alldinger v Du Ranot [2023] NSWCA 271 demonstrates that actual business earnings that are at significant odds with declared business earnings, are not always an accurate depiction of potential future earnings.

Published by Peter Hunt
22 November, 2023
Insurance

Karpik v Carnival PLC: The Ruby Princess – Anything but smooth sailing

On 25 October 2023, Justice Stewart of the Federal Court of Australia handed down the decision in Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 - believed to be the first decision (globally) addressing a claim for personal...

Published by Richard Johnson
22 November, 2023
Employment

NSW introduces religious vilification laws

On 12 November 2023, the Anti-Discrimination (Religious Vilification) Act 2023 (NSW) came into effect, to prohibit vilification on the basis of religious belief, affiliation or activity.

Published by Tim McDonald
22 November, 2023
CTP Insurance

E-Bike Rider not injured in “motor accident”: CFD v AAI Limited t/as AAMI [2023] NSWPIC 592

A vehicle is not a motor vehicle unless it was built with the intention of being propelled by a motor which forms part of the vehicle. In assessing whether a vehicle is a motor vehicle the focus is on the intention of the manufacturer, at the time th...

Published by Peter Hunt
21 November, 2023
Employment

FWC considers productivity when rejecting a disputed flexible work request

The Fair Work Commission (FWC) has dismissed an employee’s application for the Commission to deal with a dispute under s 65B of the Fair Work Act 2009 concerning a request for a flexible work arrangement with his employer in Gregory v Maxxia.

Published by Tim McDonald
21 November, 2023
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