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Procedural fairness and capacity in historical claims: Court grants permanent stay
8 December 2020 | Insurance & Health LawTrigger warning: This article contains details about child sexual abuse which may be upsetting for some readers. Reader discretion is advised. The plaintiff claimed damages for personal injuries sustained as a result of historical sexual abuse by the...
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Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?
27 November 2020 | Insurance & Health LawThe Queensland Court of Appeal recently considered whether WorkCover Queensland was entitled to be reimbursed compensation paid to a deceased worker’s spouse under sections 196 and 197 of the Workers’ Compensation and Rehabilitation Act 2003...
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Shareholders get no joy in application for inspection of insurance documents in Dreamworld class action
26 October 2020 | Insurance & Health LawThe Federal Court dismissed an application by shareholders in a class action under s 247A of the Corporations Act for inspection of insurance documents and insurance related correspondence, for the purpose of ascertaining the commercial viability of the...
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School’s settlement agreement with 1980’s victim of institutionalised sexual assault upheld despite changes to limitation period
16 September 2020 | Insurance & Health LawA 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....
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Medical panel determination outside of time is not an error of law
11 September 2020 | Insurance & Health LawThe 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...
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When in … France? A novel application of lex loci deliciti in medical negligence proceedings
20 August 2020 | Insurance & Health LawThe 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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