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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
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...