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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations? The Supreme Court of NSW provided the eagerly‚Äëawaited answer in AAI Limited v Moon. Author: Andrew ...
The Appellant, Ms Dring was employed by Telstra. During the week of 13 April 2016, she was in Melbourne attending a series of workshops as part of her employment. On one evening during the week, Ms Dring met a colleague and spent the night socialisin...
On 13 May 2020, the NSW Government passed the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Bill 2020 (the Bill). The Bill introduces several new amendments to the Environmental Planning and Assessment Act 19...
When does a plaintiff “ought to know” the fact that the injury suffered was sufficiently serious to justify the bringing of an action pursuant to s 50D(1)(c) of the Limitation Act 1969 (NSW). Find out what the Court of Appeal decides in B...
Courts will always look to the equitable nature of dealings when determining the operation of an insurance contract. This case note demonstrates how an insurer was later prevented from changing its position on indemnity when it was aware of, and spec...
On 24 April 2020 the High Court handed down a decision addressing whether a claim for “disappointment and distress” arising from a breach of statutory guarantees in supplying services is a claim for personal injury damages. The decision a...
