Barry.Nilsson. Lawyers

Double (Trouble) Insurance - Federal Court rules on claim for equitable contribution from head contractor’s insurer after settlement

5 June 2020 | Insurance Issues

In the recent decision of QBE Insurance Australia Limited v Allianz Australia Insurance Limited [2020] FCA 589, the Federal Court found that an insurer was entitled to dual insurance contribution for the liability of a subcontractor that it had covered...

Horse riding – a dangerous recreational activity

2 June 2020 | Sport & Recreational Activities

The NSW Court of Appeal has unanimously dismissed an appeal from the decision of the Supreme Court of NSW in which an agricultural show society successfully relied upon a number of statutory defences under the Civil Liability Act 2002 (NSW) (CLA). In...

Victims of historical abuse receive damages: Court assesses an appropriate award and apportions damages as between a perpetrator and their employer

25 May 2020 | Damages

Two decisions relevant to historical abuse claims were recently handed down. In one, the New South Wales District Court was asked to assess damages where default judgment was entered against the stepfather defendant. In the other, the Victorian Supreme...

One accident, two claims – who was at fault?

22 May 2020 | Transport

A head-on collision occurred on a straight road with 1 lane in each direction. The driver of each vehicle brought a claim against the other driver alleging they were at fault for the accident. Both vehicles were insured by the same CTP insurer. The matter...

Hazard reduction burns or hazard production burns? Duty of care breached by rural landowners

14 May 2020 | Residential Premises

Despite engaging the Rural Fire Service to perform hazard reduction burns on their property, the New South Wales Supreme Court held that absentee landowners had breached their duty of care to prevent the re-ignition/spread of fire onto their...

Damages, Compensation or Legal Liability – Interpreting an Insuring Clause

14 May 2020 | Insurance Issues

The SA Metropolitan Fire Service (SAMFS) sought to recover the costs of remediating contaminated land following a fire fighting operation at the premises of the First Defendant (Mulhern). Mulhern’s public liability insurer denied coverage in...