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  1. NSW Bill to permit courts to set aside child sexual abuse settlement agreements

    23 December 2020 | Insurance & Health Law

    A draft bill will be introduced to the NSW Parliament in early 2021 which if passed will grant courts the power to set aside child sexual abuse settlement agreements entered into before the 2016 and 2018 child sexual abuse reforms. The background A draft...

  2. Disinterested claimants cannot keep extending the PIPA limitation period

    23 November 2020 | Insurance & Health Law

    An application for leave to extend the limitation period was denied because the applicant failed to show that the delay was occasioned by a “conscientious effort to comply” with PIPA. In Issue Whether leave to extend the limitation period...

  3. Decision in Polglase confirmed by Court of Appeal

    6 November 2020 | Insurance & Health Law

    The NSW Court of Appeal has upheld the primary judge’s decision that a local Council breached its duty of care to an infant plaintiff who fell through a railing on a jetty, and that the State of NSW and the plaintiff’s grandparents were not...

  4. The widening scope of vicarious liability in sexual abuse claims and beyond

    3 November 2020 | Insurance & Health Law

    Trigger warning: This article contains details about sexual abuse of children which may be upsetting for some readers. Reader discretion is advised. The NSW Supreme Court found that a company operating a childcare centre was vicariously liable for...

  5. Child attacked by dogs, receives award of $315,500

    23 October 2020 | Insurance & Health Law

    A 5 year old child was attacked and wounded by a neighbour’s dogs while playing in a friend’s backyard, and received a significant award of damages. In Issue The pivotal issues at trial were as follows: whether the plaintiff was on the...

  6. Letting the dust settle: damages for airborne particles arising from construction works significantly reduced for plaintiffs

    14 October 2020 | Insurance & Health Law

    The Supreme Court of New South Wales assessed the damages for private nuisance claimed by seven plaintiffs arising from the release of airborne hydrated lime particles into their residential properties from a neighbouring construction site. In his...

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