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