Lawyers beware! How a failure to advise on an uninhabitable granny flat left a conveyancing lawyer $76,000 out of pocket8 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.
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.
Court of Appeal reapportions liability for Lacrosse apartment tower fire3 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.
Form trumps substance as builder escapes liability for fire29 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.
Property Insurance Update – Second Australian COVID-19 Business Interruption Test Case25 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...
Hailing down on the deductible9 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...