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  1. Court of Appeal confirms the standard and duty of care for legal practitioners

    14 September 2020 | Insurance & Health Law

    The NSW Court of Appeal has dismissed an appeal by the plaintiff from a judgment of the Supreme Court, which highlighted the importance of identifying a risk of harm and causation when establishing a claim in negligence against solicitors. In issue...

  2. Application to set aside settlement agreements and leave to commence an action for child sex abuse granted

    4 September 2020 | Insurance & Health Law

    TRIGGER WARNING: This article contains details about sexual assault which may be upsetting for some readers. Reader discretion is advised. The plaintiff was subject to sexual, physical and mental abuse between 1954 and 1961 whilst he was living at the...

  3. It’s all in the context – the Full Court of the Federal Court considers construction of insurance contracts

    4 September 2020 | Insurance & Health Law

    The Full Court of the Federal Court overturned the findings of Chief Justice Allsop and held that insurer Liberty was liable to indemnify Swashplate for damage to a helicopter in transit from Mississippi to Queensland. In Issue Whether Swashplate was...

  4. Assessing economic loss in historic child abuse claims

    2 September 2020 | Insurance & Health Law

    The case relates to historic sexual abuse committed by a teacher upon a student at Myrtleford Primary School in the 1980’s. In Issue The proceeding involved an assessment of damages, and in particular, a detailed analysis regarding the calculation...

  5. Student awarded damages for psychological injury sustained as a result of alleged sexual assault

    25 August 2020 | Insurance & Health Law

    The ACT Supreme Court awarded damages of $420,000 against a residential college for psychological injury to a University student who alleged that she had been sexually assaulted by another student (off campus) while intoxicated. Barry.Nilsson acted for...

  6. When in … France? A novel application of lex loci deliciti in medical negligence proceedings

    20 August 2020 | Insurance & Health Law

    The NSW Supreme Court applied the law of France to determine breach of duty by a surgeon who performed knee surgery on a professional rugby player, and also to determine the appropriate damages to award. The Background Mr Lucas Anthony Miller (the...

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