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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
Principles When calculating damages in accordance with the Civil Liability Act 2002 (NSW) (the Act), the Court will have regard to the plaintiff’s pre-accident medical records and underlying conditions. The Court will have regard to the plainti...
Can a Claimant bring a claim multiple times (by lodging the same claim form) in respect of the same cause of action even after the matter is deemed withdrawn in accordance with S85B(3) of the Motor Accident Compensation Act 1999? The NSW Supreme Cour...
When physical symptoms caused by an accident have ceased, do psychological symptoms secondary to those symptoms also cease to be causally related to an accident, and who bears the onus of proof? The NSW Court of Appeal recently explored this issue in...
Since the decision of the NSW Court of Appeal in the credit hire cases, practitioners and professionals working in the area have debated whether the Court’s decision of a ‘like for like’ entitlement to a hire car was in fact the cor...
The Federal Court of Australia has recently held that an insurer breached its duty of utmost good faith to an insured by avoiding a policy without affording the insured an opportunity to respond. This is the second occasion in recent months where ASI...
The traditional winding up process is often criticised for being too slow and ineffective. In the vast majority of liquidations, there is little or no return to unsecured creditors, who only receive a dividend after the liquidator's fees and priority...
Is a worker entitled to bring a workplace accident claim under Motor Accidents Compensation Act 1999 (NSW), if the relevant negligence involved a failure in the system of work? A recent decision by the NSW Supreme Court looks at the application of th...