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...
Languishing lawyers lose on limitations: Supreme Court finds delay from solicitors enough to bar a claim for damages22 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...
New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 202130 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)....
Court of Appeal puts its foot down on Limitation Act30 September 2021 | Insurance & Health Law
An insight into the interaction between the Fatal Accidents Act 1959 (WA) and the Limitation Act 2005 (WA).
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.