Insights Types: Case Note

Nov 13, 2023

INSIGHT: An error in method alone is not a ‘shaw thing’ on review

Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the…

Oct 26, 2023

INSIGHT: Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions

Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a…

Oct 11, 2023

INSIGHT: “Obvious risk” a key consideration in personal injury cases

Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd…

Sep 26, 2023

INSIGHT: 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…

Sep 8, 2023

INSIGHT: 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…

Aug 23, 2023

INSIGHT: 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,…

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…

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