Barry.Nilsson. Lawyers

Tasmanian general damages trailing behind the mainland no longer!

24 May 2022 | CTP

In this decision the Tasmanian Supreme Court has taken a big step towards bringing awards for general damages into line with other Australian jurisdictions, changing the quantum landscape for Tasmanian CTP claims. In Issue The court’s considerations...

Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?

16 May 2022 | General Insurance

An Uber driver was liable in negligence when his passenger opened his car door into a bike lane causing an accident with a passing cyclist. In Issue The quantum of damages was agreed between the parties on the first day of trial, the predominant issues...

Despite breach of duty, insurance broker succeeds in professional negligence claim

6 May 2022 | Professional Indemnity & Financial Lines

The Supreme Court of New South Wales considered a professional negligence claim against a broker pertaining to the failure to give advice in respect of an exclusion involving swimming pools in a homeowner's insurance policy.

Reading the whole medical report – the importance of avoiding a “pick and choose” approach

6 May 2022 | Workers' Compensation

Bowskill J reiterates that medical reports must be read as a whole and it is ‘artificial and inappropriate’ to pick and choose the more favourable parts of a report.

Statutory definitions can alter the operation of double insurance

6 May 2022 | General Insurance

The ACT Supreme Court found that a statutory provision can extend the definition of ‘the insured’ so that double insurance can be held to apply in circumstances where the insurance policies had been issued to different named insureds and would have otherwise not applied.

Civil Liability (Third Party Claims Against Insurers) Act 2017 – Failure to plead material facts results in refusal to grant leave to join insurer to proceedings

6 May 2022 | General Insurance

In this recent NSW Supreme Court case, the court refused an application by the plaintiff to join the insurer as a defendant to proceedings. The court considered the proposed amended statement of claim to be defective, as it did not plead material facts relevant to the insurer’s liability pursuant...