Read ourPublications Page 2 of 3 Subscribe Publication type Insurance - Mar 2022 Insurance Fraud: What does it take to prove who lit the match? More Summary Introduction Insurance fraud in Australia has been estimated to cost up to $2.2 billion every year,1 and with the emergence of COVID-19, the expectation is this will increase. COVID-19 has placed increased financial pressure on a range of business sectors... Publication type Insurance - Mar 2022 Employee or Independent Contractor? High Court provides direction More Summary The High Court examined two cases that explore how the court may determine whether a worker is an employee or independent contractor. Publication type Insurance - Feb 2022 The scope of a solicitor’s duty of care to a third party More Summary The extent to which solicitors may owe a duty of care to third parties was considered by the New South Wales Supreme Court recently. Publication type Insurance - Jan 2022 Consultation obligations crucial for employers considering mandating COVID-19 vaccination More Summary In response to the COVID-19 pandemic, employers who have implemented vaccine mandates for their employees are now facing various legal challenges. Publication type Insurance - Oct 2021 Trial Judge’s findings on nuisance up in flames More Summary In a recent a recent decision of the New South Wales Court of Appeal, the Court clarified a key element necessary to establish liability in nuisance. Publication type Insurance - Jul 2021 Sections 28(2), 28(3) and 40(3) of the ICA considered More Summary A recent decision of the NSW Court of Appeal provides valuable guidance as to what courts will consider to be a valid notification of a claim or circumstances. Publication type Insurance - Jun 2021 Settlement offers – are they really protecting your costs position? More Summary Defendants and insurers need to carefully consider whether a Calderbank offer will provide the intended cost protection. Publication type Insurance - Jun 2021 Setting aside settlement agreements in historical sexual abuse cases - the High Court provides clarity for Queensland More Summary The High Court considers whether it is ‘just and reasonable’ to set aside settlement agreements in historical sexual abuse cases in Queensland. Publication type Insurance - Jun 2021 Utmost good faith when investigating and assessing claims More Summary A recent decision by the Federal Court of Australia offers useful guidance for insurers in relation to the extent of their obligations when investigating and assessing an insured’s claim for indemnity. Publication type Insurance - Jun 2021 Advocate’s immunity endorsed at appellate level again More Summary The New South Wales Court of Appeal has confirmed advocate’s immunity applies in the context of allegedly negligent advice from a solicitor to a client. Publication type Insurance - May 2021 Is the ‘Dangerous Recreational Activity’ defence available under the ACL? More Summary It is not uncommon for plaintiffs to advance claims under the ACL in an attempt to circumvent the defences available under state and territory legislation. Publication type Insurance - May 2021 Injury Liability Gazette 13th edition More Summary This edition highlights topical judgments and provides useful, practical and current information to our insurer, broker and professional and corporate clients. Publication type Insurance - Apr 2021 Quantum in the coal mines More Summary A recent case examines where an Offer of Compromise giving rise to a costs order did not comply with the Rules and the indemnity costs order was overturned. Publication type Insurance - Apr 2021 Proportionate liability: The risks of early settlement with some tortfeasors More Summary We explore the risks and benefits of early settlement with some tortfeasors in apportionable claims. Publication type Construction & Engineering - Insurance - Apr 2021 Building consultants largely unsuccessful in Lacrosse appeal More Summary In a recent case, the Victorian Court of Appeal has dismissed an appeal by the building consultants with respect to the Lacrosse apartment tower fire. Publication type Insurance - Education - Mar 2021 The Australian response to Institutional Child Abuse, 2nd edition More Summary This Guide reviews the National Redress Scheme, legislative changes in Qld, NSW and Vic and the implications of these changes for institutions and insurers. Publication type Insurance - Mar 2021 Narrowing of the nervous shock floodgates More Summary The recent case Giles v The State of Queensland 2020 QDC 332 establishes the limited scope of nervous shock claims against an employer. Publication type Insurance - Feb 2021 Taking a deep dive into waivers and inherent risk More Summary A recent decision highlights that when plaintiffs participate in recreational or sporting activities that carry an inherent degree of risk, it can be challenging to establish liability. Publication type Insurance - Dec 2020 Carter Newell's 12 Cases of Christmas More Summary On the second day of Christmas, the High Court gave to me, a helicopter and admissions by an employee. Publication type Insurance - Dec 2020 The ‘but for’ test of causation in Australian law More Summary The ‘but for’ test determines whether the harm suffered by a plaintiff was caused by the breach of the defendant’s duty. « Previous1 2 3Next »
