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  1. Caution to insurers; deferring assessments requires reasonable bases

    16 October 2020 | Insurance & Health Law

    A decision which analyses when it becomes unreasonable for an insurer to withhold payment of a TPD benefit as it conducts its investigations into the claim. In Issue When it will become unreasonable for an insurer to withhold payment of a Total and...

  2. Former employee awarded $5.2 million in adverse action case

    15 October 2020 | Insurance & Health Law

    A landmark decision delivered by the Federal Court of Australia has resulted in an Applicant being granted more than $5.2 million in damages (plus interest) under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) and for a breach...

  3. FWC’s misinterpretation of its powers

    17 September 2020 | Insurance & Health Law

    In a recent decision, the full Federal Court has revealed that the FWC misinterpreted the limitations on its powers in establishing whether workers have been dismissed in general protections applications. In Issue The Full Court of the Federal Court...

  4. School’s settlement agreement with 1980’s victim of institutionalised sexual assault upheld despite changes to limitation period

    16 September 2020 | Insurance & Health Law

    A former student of the Brisbane Grammar School, who settled a claim for damages for sexual assault prior to recent amendments to the relevant limitation period, has had his application to set aside that agreement and take the matter to trial dismissed....

  5. Medical panel determination outside of time is not an error of law

    11 September 2020 | Insurance & Health Law

    The plaintiff brought proceedings in the Victorian Court of Appeal seeking judicial review of the Certificate of Determination by the Medical Panel. The Determination was made outside the time limit prescribed by section 28LZG(3)(a) of the Wrongs Act...

  6. Previous settlement a bar to recovery for victim of historical abuse

    17 August 2020 | Insurance & Health Law

    An applicant who had entered into a settlement with the respondent prior to changes removing the limitation period for victims of child sexual abuse, has failed to have the previous settlement set aside in order to pursue a further claim. In Issue The...

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