Barry.Nilsson. Lawyers

Federal and NSW governments strengthen the rights of historical child sexual abuse survivors

14 April 2021 | Insurance & Health Law

Legislative changes at the Commonwealth and NSW level aim to bolster the rights of survivors of child sexual abuse. It is expected that the changes will improve the efficiency of the National Redress Scheme for Institutional Child Sexual Abuse and provide a better footing for survivors in NSW to...

Defendant’s request for further psychiatric examination was unreasonable

6 April 2021 | Insurance & Health Law

The Defendant was unsuccessful in an application for stay of proceeding as the request to have the plaintiff submit to a further psychiatric examination was unreasonable.

Conduct required to decline indemnity under a reasonable precautions clause clarified by the Victorian Supreme Court

6 April 2021 | Insurance & Health Law

This case considered a dispute between an insurer and its insured regarding the insurer’s refusal to grant indemnity to the insured under a public liability policy. The court found clauses that require an insured to take reasonable precautions are not breached by actions that amount to negligence,...

The runaway van and the contractor

6 April 2021 | Insurance & Health Law

A subcontracted delivery driver who was run over by his van was unsuccessful in his negligence claim against the principal contractor. Despite the principal contractor having supplied the van to the plaintiff and having provided some instructions to him as to its use, the court found that...

Form trumps substance as builder escapes liability for fire

29 March 2021 | Insurance & Health Law

In this important case, the Court of Appeal has endorsed the view that whether a cause of action is apportionable will be determined by reference to the form, rather than the substance of the claim clarifying the correct approach to determining whether a claim is apportionable.

Application for stay refused in historical child sex abuse action

11 March 2021 | Insurance & Health Law

The plaintiff claimed damages arising from allegations of child sexual abuse committed whilst he was in the care of the defendant at a Mission between 1960 and 1966. The defendant applied to set aside and permanently stay the action, based on the fact that the alleged offending occurred 56 years...