Insights Insights
  1. 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...

  2. 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...

  3. The early bird gets the indemnity: when in doubt, notify a potential claim

    7 December 2021 | Insurance & Health Law

    An insured failed to notify his insurer of facts and circumstances that may give rise to a claim within the requisite policy period. At trial, the plaintiff was granted leave to join the insurer to the proceedings. The insurer was successful on appeal.

  4. Languishing lawyers lose on limitations: Supreme Court finds delay from solicitors enough to bar a claim for damages

    22 October 2021 | Insurance & Health Law

    The applicant sought to commence proceedings regarding negligent medical treatment resulting in a lower leg amputation. Despite briefing solicitors in 2017 to ascertain her prospects of success, her solicitors did not obtain expert liability evidence until 2020 and allowed the applicant’s...

  5. Vaccination, Vacillation, and Exemption: What should General Practitioners do with vaccine hesitant patients?

    18 October 2021 | Insurance & Health Law

    The Victorian Government’s mandating of COVID-19 vaccinations for all ‘authorised employees’ has seen an increase in requests for medical exemptions from general practitioners. In this article, we discuss the relevant considerations of general practitioners in managing patients’ requests for...

  6. Hold your horses: NSWCA reins in CLA s5O defence

    5 July 2021 | Insurance & Health Law

    The New South Wales Court of Appeal (Court) has overturned an earlier finding that a Sydney hospital, when treating a patient suffering shoulder injury resulting from a horse bite, acted in accordance with peer professional opinion. The Hospital was therefore unable to rely on the defence under s5O...

Load More

Need assistance?

Submit an enquiry online and we will be in touch as soon as possible, or call one of our national offices directly.