News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
It’s been a busy financial year for insurance issues in the Courts across Australia1. With insurers having now survived the end of financial year renewals, we provide a summary of what has been happening around Australia, together with our comm...
The New South Wales Court of Appeal has again been asked to consider whether the dangerous recreational activity defence applies in the context of a professional horse race. A five judge Court has unanimously held that professional horse racing is a ...
As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now implemented strict measures to regulate and control the building and construction industry. Relevantly, som...
The plaintiff brought medical negligence proceedings against Campbelltown Hospital alleging that following gastrointestinal surgery, he was served a meal which was incompatible with his diet, causing him to vomit. The plaintiff alleged that the hospi...
A recent decision of the Federal Court found that the term “Property Insured” in an Industrial Special Risks Policy may extend to all property that is located in the relevant situation rather than being limited to property used in or in c...
On 18 June 2020, the NSW Court of Appeal considered four claims where similar legal questions arose in relation to when a claimant, who has lost the use of a non-income producing vehicle, is entitled to recover the cost of hiring a replacement, and t...
Can a Claims Assessor treat disputed projections of hypothetical income as “facts” in the absence of supporting evidence? Is a Claims Assessor obliged to provide adequate reasoning for their decisions? The Supreme Court recently explored ...
Is a worker entitled to be back-paid weekly benefits if they are assessed as having permanent impairment of more than 20% after their benefits cease under s 39(1) of the Workers Compensation Act 1987? The Court of Appeal examined this point of law in...
Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael Li Judgment date: 9 Ju...