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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
What is a Proper Officer required to consider when determining whether a further medical assessment should be allowed? The Court of Appeal of NSW provides the answer in AAMI v Chan. Author: Bethany Mahler Judgment date: 25 February 2021 Citation: AAI...
Is a Review Panel entitled to rely upon medical literature to make a decision that a party has not considered? The Supreme Court provides the answer in Raina v CIC Allianz Insurance Limited. Author: Katherine Teague Judgment date: 25 January 2021 Cit...
In Greenaway v Prestige Helicopters Pty Ltd [2020] WADC 159 the appellant sought to argue, amongst other things, that an uninsured working director can still nonetheless claim compensation from a “principal” pursuant to section 175(1) of ...
The NSW Supreme Court has ruled in favour of Perisher Blue, characterising skiing as a ‘dangerous recreational activity’ for the purposes of section 5L of the Civil Liability Act 2005 (NSW) (CLA). This joins a plethora of recent cases tha...
In a recent win for insurers, the NSW Supreme Court considers whether a watercraft-related accident can trigger a defendant’s home and business policy. The decision provides useful commentary on the requirements to join insurers to proceedings ...
The NSW Court of Appeal has considered the playing field of s 3B(1)(a) of the Civil Liability Act 2002 (NSW) (CLA) and confirmed that recklessness is insufficient to meet the threshold which requires subjective intent to cause injury. Author: Demi Mc...
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Fr...
In another victory for the obvious risk defence, the Court of Appeal delivers a judgment that highlights the importance of correctly formulating the risk of harm when distinguishing between foreseeable and obvious risk. Author: Renee Magee Judgment d...
In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...