Read ourPublications Page 1 of 4 Subscribe Publication type Insurance - Sep 2023 Expert witness immunity re-examined in Hastwell v Parmegiani More Summary Authored by Partner, Michael Bath and Research Law Clerk, Emily Calbert Introduction In Australia, expert witnesses have immunity from suit when they are instructed to prepare an expert report for use in litigation. That immunity also applies in relation... Publication type Insurance - Aug 2023 Boyded Industries Pty Ltd v Bluth & Ors More Summary In the matter of Boyded Industries Pty Ltd v Bluth & Ors1, the New South Wales Supreme Court has recently provided a useful reminder of the approach courts will take when considering a case involving a lost chose in action caused by a... Publication type Insurance - Aug 2023 Decoding Vicarious Liability: Insights from the Schokman Case More Summary The judgment of Edelman and Steward JJ In the recent decision of CCIG Investments Pty Ltd v Schokman1 contains a fascinating examination with respect to the history and application of the doctrine of vicarious liability, and perhaps a glimpse of where... Publication type Insurance - Jul 2023 Council’s appeal is a hole in one More Summary Background The Queensland Court of Appeal recently allowed an appeal by the Townsville City Council (the Council) in Townsville City Council v Hodges [2023] QCA 136. The case involved a plaintiff (respondent to the appeal) Ms Hodges who was walking across... Publication type Insurance - Jul 2023 New South Wales confirms advocate’s immunity applies to pleadings More Summary In the decision of Capello v Lyons [2023] NSWCA 137 the New South Wales Court of Appeal undertook a consideration of the extent Publication type Insurance - Mar 2023 The NSW Court of Appeal Confirms the Scope of a Solicitor’s Duty to Advise Clients More Summary Case In Focus: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2023] NSWCA 23 The New South Wales Court of Appeal recently considered the scope of a... Publication type Insurance - Mar 2023 The Peer Professional Opinion Defence More Summary All State (but no Territory) jurisdictions in Australia contain a provision in their civil liability legislation whereby a professional can defend a claim alleging a breach of a duty of care by asserting that the impugned conduct was consistent with what... Publication type Insurance - Nov 2022 Wrapped up in lies – credibility unravels in workplace injury claim More Summary A plaintiff’s history of forging medical certificates and university documentation has caught up with him in the New South Wales District Court, with credibility issues resulting in his claim for a workplace injury being successfully defended by his... Publication type Insurance - Nov 2022 A win (of sorts) for insurers More Summary In the recent decision of Newcastle Resources Pty Ltd v Certain Underwriters at Lloyd’s,1 the New South Wales Supreme Court held that insurers were not obliged to pay defence costs to an insured in respect of proceedings not covered by the... Publication type Insurance - Oct 2022 Occupiers Liability - Revisiting what is a Foreseeable Risk More Summary Devic v AMP Capital Investors Limited [2022] NSWDC 371 Occupiers of commercial premises are regularly and rightfully held to a high standard to avoid foreseeable risks of injury to entrants. Notwithstanding occupiers regularly face arguments which treat... Publication type Insurance - Aug 2022 Calderbank offers revisited More Summary A recent decision of the Victorian Court of Appeal confirms that an important factor in determining whether the rejection of a Calderbank offer is unreasonable is whether a bona fide compromise of the dispute has been offered.1 Background The applicant... Publication type Insurance - Aug 2022 Defences to Intentional Torts – Duty and Intoxication More Summary The recent decision of Hannam v State of New South Wales (No 9) [2022] NSWSC 648 provides a useful update on how courts approach defences to negligence and intentional tort claims in the context of violence (or perceived violence) and intoxication. Publication type Insurance - Jul 2022 Hot Work Exclusions – The Devil is in the Detail More Summary Publication type Insurance - Jul 2022 Court confirms the bar for safety is sky-high More Summary Policy coverage denied to defendant scaffolder based on a reasonable precautions clause requiring compliance with Australian Standards and safety regulations. Publication type Insurance - Jul 2022 Occupiers’ duty of care extends to prevention of harm caused by criminal act at a private party More Summary Dearden v Ryan [2022] QSC 111 reinforces the scope of an occupier’s duty of care is dependent upon facts, circumstances and context in which the duty arises. Publication type Insurance - Jun 2022 Professional and Management Liability Gazette 9th edition More Summary This Edition covers recent decisions involving a wide range of professionals including brokers, building consultants, medical practitioners, solicitors & barristers, in addition to claims relating to policy interpretation and procedure. Publication type Insurance - May 2022 COVID-19 causes event cancellation and triggers policy exclusion More Summary An infectious disease exclusion clause in an event cancellation insurance policy was engaged in circumstances where a music festival was cancelled as a result of COVID-19. Publication type Insurance - Apr 2022 The risky business of dangerous recreational activities More Summary The High Court recently handed down a judgment concerning duty of care, breach and obvious risks within the context of dangerous recreational activities. Publication type Insurance - Mar 2022 Common sense prevails - Novel duty of care overturned More Summary Climate change is already giving rise to public liability claims. Entities and their insurers need to be considering their risks and the steps they can take to mitigate those risks. Publication type Insurance - Mar 2022 Injury Liability Gazette 14th edition More Summary This edition examines cases relevant to insurance professionals and highlights, to insurers and insureds alike, key risks regularly faced. « Previous1 2 3 4Next »
