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  1. Court of Appeal upholds acquittal of company charged with tragic gassing of two newborns

    1 December 2020 | Insurance & Health Law

    On 26 November 2020, the New South Wales Supreme Court of Appeal (Court of Appeal) upheld a decision of the District Court of New South Wales (District Court) that acquit a company of a work health and safety offence when it installed gas lines with an...

  2. The continuing evolution of defamation law in Victoria

    30 November 2020 | Insurance & Health Law

    For some time now, defamation legislation has been a hotly debated area in the wake of numerous high profile claims and the increasingly widespread use of social and electronic communications. This prompted a review in July 2020 which resulted in the...

  3. Failure to navigate alternate route around obstructed stairs leads to significant damages award

    27 November 2020 | Insurance & Health Law

    This article explores the law in relation to issues of negligence and quantification of damages for a seaman who tripped over hoses on a midship stairway. In Issue Whether the risk of a crew member tripping over hoses obstructing a midship stairway was...

  4. Court of Appeal delivers head-on decision in head-on collision case

    23 November 2020 | Insurance & Health Law

    A head-on collision occurred on a straight road with 1 lane in each direction. The driver of each vehicle brought a claim against the other alleging they were at fault for the accident. Both vehicles were insured by the same CTP insurer. Following a...

  5. Property Insurance Update - COVID-19 not excluded in policies referring to the “Quarantine Act”

    23 November 2020 | Insurance & Health Law

    In a unanimous decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases under the “Quarantine Act 1908 (Cth) and subsequent amendments” could not be construed as meaning listed...

  6. 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...

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