Cutting the strand in the rope of causation? Court of Appeal considers requests for information about prior incidents16 September 2021 | Insurance & Health Law
In this recent appellate decision, the Queensland Court of Appeal considered the ambit of a request for information about prior incidents under section 27(1)(b) of the Personal Injuries Proceedings Act 2002.
Home burglary claim denied for being out of time27 August 2021 | Insurance & Health Law
The NSW District Court found that proceedings brought in respect of a claim under a home and contents policy following a burglary were out of time.
Staying on the Tracks – Trains, Motor Vehicles, and Overcoming Limitation Periods2 August 2021 | Insurance & Health Law
Former NSW Fire Brigade officer exposed to a traumatic event in the line of duty 20 years ago. Sought to commence proceedings in negligence against the State but was confronted with the perennial problem of limitation periods. Curial consideration of the meaning of “vehicle” vis-à-vis trains,...
The medico-legal headache: 3 months and you’re out16 June 2021 | Insurance & Health Law
The effect of a recent Queensland Supreme Court decision that considered timing and delays in obtaining medico-legal evidence is resulting in personal injury claims being subjected to arbitrary conditions on the timing of medico-legal examinations. Among the most popular is a condition being imposed...
Court clarifies that PIPA inapplicable to conditions secondary to dust-related diseases14 June 2021 | Insurance & Health Law
To aid in facilitating the efficient management of dust diseases matters the Court has declared that the Personal Injuries Proceedings Act 2002 (and the requirement for pre-litigation steps) does not apply to personal injury that is or results from a dust-related condition.
Federal Court of Australia rules against TAL Life Limited8 April 2021 | Insurance & Health Law
Federal Court finds insurer guilty of breaching its duty to act with utmost good faith towards an insured.