Time’s up! Limitation period in claim for costs of raising a child18 June 2019 | Procedure
The court was asked to decide whether the applicants, in a claim for the costs of raising their child with Down Syndrome, were subject to a 3 or 6 year limitation period, and if the three year limitation period applied, whether an order to extend that...
Investing in Laundries – what happens when the spin cycle goes down the drain? Why specific notice of a claim is important.12 June 2019 | Directors' & Officers' Liability
The Supreme Court of NSW has determined the entitlement to cover of various persons associated with the Babcock & Brown group pursuant to professional indemnity and D&O policies of insurance for claims arising out of the failed investment in...
There is no such thing as a ‘bomb proof’ horse12 June 2019 | Sport & Recreational Activities
An agricultural show society successfully defended a claim by a participant warming up for a horse riding event, who sustained significant personal injuries when another horse was spooked by a loud noise and caused her horse to fall over. The society...
The Incomplete Proposal – what terms are incorporated into a policy?12 June 2019 | Insurance Issues
The NSW Supreme Court found that terms of a page inadvertently omitted from a proposal form still formed part of the insurance policy. In Issue Whether the terms on an omitted page of a proposal form still formed part of the policy; If not, whether the...
Occupier not on duty for security guard’s injury12 June 2019 | Contractors' & Host Employers' Liability
A security guard brought proceedings against an occupier of commercial premises, the security provider and the insurer of his deregistered labour-hire company for psychiatric injury resulting from criminal conduct of an intruder during a break-in. In...
Bullied or the bully?4 June 2019 | Employer's Liability
Pharmacist Tamer Eskander made an application to the Fair Work Commission for an order to stop bullying, alleging that he was expected to work at the Wyoming pharmacy without adequate staff to support him on Saturdays. The Commission found no such...