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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
The Queensland Supreme Court refused to make a declaration that a professional indemnity policy should cover an insured for claims for compensation arising from alleged misleading and deceptive conduct under the Australian Consumer Law (ACL) while th...
Author: Stephanie Ibrahim Judgment Date: 26 August 2021 Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 (26 August 2021) Jurisdiction: Supreme Court of New South Wales, Adamson J Principles A decision-maker must fairly address the a...
From 27 March 2021, a number of amendments to the Fair Work Act 2009 (the FWA) came into effect regarding the workplace entitlements and obligations of casual employees. The changes had a transitional period for implementat...
In the recent case of Wollongong City Council v Williams [2021] NSWCA 140, the NSW Court of Appeal considered the duty of a Council to entrants of a public park. Principles An occupier of a park owes a duty to take reasonable care to avoid the forese...
The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the pur...
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multiple times (by lodging the same claim form) in respect of the same cause of action even after the matter is deemed withdrawn in accordance with S85B(3) of the Motor Accident Compensation Act 1999?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...