The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences,…
Insights Types: Case Note
Jul 31, 2023
INSIGHT: ACT Court of Appeal overturns onerous duty finding confirming that there is no general duty on a GP to follow-up or escalate referrals
Abstract The ACT Court of Appeal has overturned the decision of Rubino v Ziaee[1] in which the Supreme Court of…
Jul 28, 2023
INSIGHT: “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…
Jun 21, 2023
INSIGHT: 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…
Feb 22, 2023
INSIGHT: 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…
Nov 23, 2022
INSIGHT: High Court of Australia grants application for special leave to appeal a decision to permanently stay proceedings involving historical child sexual abuse
Warning: This Case Note discusses serious sexual and physical abuse. We recently published a Case Note about the Queensland Supreme…
Sep 12, 2022
INSIGHT: Willmot v State of Queensland [2022] QSC 167
Warning: This Case Note discusses serious sexual and physical abuse. In its recent decision of Willmot v State of Queensland,[1]…
Jul 1, 2022
INSIGHT: All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions
QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a…
Jul 1, 2022
INSIGHT: Help, my employer is suing me for negligence!
Beri Distributors Pty Ltd v Mossensons Pty Ltd [2022] WADC 30 Key takeaways Professionals are liable to repay fees to…
Aug 21, 2019
INSIGHT: Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141
A cautionary tale: The risks of failing to test a witness’ evidence before trial, and the benefits of requesting a…
Feb 12, 2019
INSIGHT: Caffrey v AAI Limited [2019] QSC 7
Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric…