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  1. Civil Liability (Third Party Claims Against Insurers) Act 2017 – Failure to plead material facts results in refusal to grant leave to join insurer to proceedings

    6 May 2022 | Insurance & Health Law

    In this recent NSW Supreme Court case, the court refused an application by the plaintiff to join the insurer as a defendant to proceedings. The court considered the proposed amended statement of claim to be defective, as it did not plead material facts relevant to the insurer’s liability pursuant...

  2. Changes to Queensland pre-action disclosure obligations – what you need to know

    31 January 2022 | Insurance & Health Law

    Pre-action disclosure obligations in Queensland have historically been unenforceable until proceedings are issued. This has now changed following the insertion of rules 208A-208G into the Uniform Civil Procedure Rules 1999 (Qld), current as of 10 December...

  3. Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?

    8 December 2021 | Insurance & Health Law

    The 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...

  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. New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 2021

    30 September 2021 | Insurance & Health Law

    One of the many recommendations of the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was the amendment of the insured’s duty of disclosure under the Insurance Contracts Act 1984 (ICA)....

  6. Court of Appeal puts its foot down on Limitation Act

    30 September 2021 | Insurance & Health Law

    An insight into the interaction between the Fatal Accidents Act 1959 (WA) and the Limitation Act 2005 (WA).

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