October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect…
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NSW Supreme Court reaffirms expert witnesses are immune from suit
Hastwell v Parmegiani [2023] NSWSC 1016 In Hastwell v Parmegiani [2023] NSWSC 1016, the NSW Supreme Court reaffirmed the immunity…
Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA
Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 In Mandoukos v Allianz Australia Insurance Limited the Supreme Court clarifies…
Res ipsa loquitor is an inferential reasoning process available to both insurers and claimants
The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences,…
“Property Damage” – Sounds Simple, Right?
At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal…
21st birthday parties aren’t dead, long live the party!
Ryan & Anor v Dearden & Anor [2023] QCA 20 Originating Court & Decision: Supreme Court at Rockhampton Dearden v…
A change of heart on indemnity | a landmark High Court decision for insurers
Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 Key takeaways The High Court has provided…
Collaborative arrangements between medical practitioners and eligible nurse practitioners and eligible midwives
The Health Insurance Act 1973 and the Health Insurance Regulations 2018 (Regulations) permit eligible midwives and eligible nurse practitioners to…
Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action
SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims…
Pursuing personal advantage: an age old story
Hakea Holdings Pty Ltd v McGrath (No 2) [2022] FCA 995 This case considers the liability of directors who pursue…
Agreement to mediate… are you certain?
Metropolitan Health Service v Sturm [2022] WASC 316 Key takeaways A contractual dispute resolution clause may be unenforceable for uncertainty…