-
Federal and NSW governments strengthen the rights of historical child sexual abuse survivors
14 April 2021 | Insurance & Health LawLegislative 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...
-
Conduct required to decline indemnity under a reasonable precautions clause clarified by the Victorian Supreme Court
6 April 2021 | Insurance & Health LawThis 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 LawA 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...
-
Festival Fright: Court awards plaintiff $1.5 million after Ferris wheel collision
20 January 2021 | Insurance & Health LawThe plaintiff, who was at the time 14 years of age, sustained psychological injuries after a light aircraft collided with a Ferris wheel she was on at the Old Bar Festival in NSW. The plaintiff was successful against Mid-Coast Council (Council) and the...
-
NSW Bill to permit courts to set aside child sexual abuse settlement agreements
23 December 2020 | Insurance & Health LawA 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...
-
Disinterested claimants cannot keep extending the PIPA limitation period
23 November 2020 | Insurance & Health LawAn 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...
Load More