In August 2022, the Supreme Court of Queensland granted a permanent stay of proceedings in the matter of Willmot v…
Insights Types: Case Note
Nov 21, 2023
INSIGHT: Persuasive evidence of prejudice – a must when resisting an extension of time application to issue proceedings
Bull v Ararat Abattoirs Pty Ltd & Ors [2023] VCC 1903 The Victorian County Court recently dismissed an application made…
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…