Insights Insights
  1. Lawyers beware! How a failure to advise on an uninhabitable granny flat left a conveyancing lawyer $76,000 out of pocket

    8 October 2021 | Insurance & Health Law

    The NSW District Court has awarded $100k in damages to a first-home buyer after its finding that her solicitor and the real estate agent involved failed to appropriately advise her on the habitability of a granny flat.

  2. The Opal Tower - installed, erected, supplied…but not a "Product"

    22 July 2021 | Insurance & Health Law

    The Full Court of the Federal Court of Australia was asked to determine a rather unique dispute as to whether the Opal Tower was a “Product” for the purposes of a policy of insurance. Having regard to the context of the policy as a whole, the Court said no.

  3. Court of Appeal reapportions liability for Lacrosse apartment tower fire

    3 June 2021 | Insurance & Health Law

    In March, we reported on the outcome of the appeal in the Lacrosse dispute. The Court of Appeal recently handed down a judgement on the apportionment of liability which we discuss below.

  4. Form trumps substance as builder escapes liability for fire

    29 March 2021 | Insurance & Health Law

    In this important case, the Court of Appeal has endorsed the view that whether a cause of action is apportionable will be determined by reference to the form, rather than the substance of the claim clarifying the correct approach to determining whether a claim is apportionable.

  5. Property Insurance Update – Second Australian COVID-19 Business Interruption Test Case

    25 February 2021 | Insurance & Health Law

    On 24 February 2021, proceedings were commenced in the Federal Court of Australia to examine further issues with respect to COVID-19 and the coverage of business interruption policies in Australia. The Insurance Council of Australia’s media release...

  6. Hailing down on the deductible

    9 February 2021 | Insurance & Health Law

    In Issue Policy interpretation: Determining if a deductible is to be applied to each “claim” made under a policy, or if a deductible attaches to the single event arising in “claims” under a policy. The background Rawson Homes...

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