Insights Insights
  1. When danger invites rescue, is there contributory negligence?

    7 June 2022 | Insurance & Health Law

    The Victorian Supreme Court found a driver who did not properly engage the handbrake on a street sweeper and was severely injured when attempting to stop the vehicle did not contribute to the incident. In Issue The issues before the Court were: Whether...

  2. Intent does not suffice, employers can’t roll the dice on inherent risks

    27 May 2022 | Insurance & Health Law

    A recent High Court decision again put the issue of mental health at the forefront exploring a duty of care in instances where the risk of psychological injury is heightened through the inherent nature of the role resulting in a need to ensure ongoing and active implementation of a safe system of...

  3. Episode 22: The line between voluntary assisted dying and criminal conviction

    11 May 2022 | Insurance & Health Law

    Content warning: this episode of The Checkup discusses highly sensitive topics, including death and suicide. If you find this episode triggering, please contact Lifeline on 13 11 14. In Australia, criminal law prohibits active voluntary euthanasia,...

  4. Don’t say I didn’t warn you. Full Court confirms solicitors are agents of insureds

    14 April 2022 | Insurance & Health Law

    The Full Court of the Federal Court has upheld the findings of the primary judge that an insurer was not permitted to avoid cover pursuant to s40(3) of the Insurance Contracts Act 1984 (Cth). The Full Court confirmed that sufficient notification had been previously provided by the insurer’s agent...

  5. Episode 21: Health Complaints Commissioner: uncovering the complaints resolution process with HCC Resolutions Manager Felicity Lathrop

    13 April 2022 | Insurance & Health Law

    Understandably, the thought of being contacted by the Health Complaints Commissioner (HCC) following a complaint can be stressful for practitioners and health service providers. However, in many cases, this is usually a result of a lack of understanding...

  6. Plaintiff fails to establish causation where hospital admits breach of duty caused delayed diagnosis of pancreatic cancer

    22 March 2022 | Insurance & Health Law

    In this recent ACT Supreme Court case the court rejected evidence from two oncologists holding that neither expert had the relevant experience and expertise to comment upon the critical aspects of the treatment provided by the defendant and rejecting the relevance of studies relied upon by those...

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