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New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 2021
30 September 2021 | Insurance & Health LawOne 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)....
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Not so cool-as-a-(sea)cucumber: Misrepresentation claim against respondent Council statute-barred
26 November 2018 | Insurance & Health LawThe appellant operated a commercial sea cucumber hatchery. The appellant commenced proceedings against the respondent Council in relation to alleged misrepresentations it made regarding a new aquaculture precinct, upon which the appellant alleged it...
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Council not liable for developer’s economic loss flowing from issuing of inaccurate planning certificate
6 April 2018 | Insurance & Health LawQueensland Court of Appeal overturns trial judge decision and finds local council not liable for issuing a planning certificate which contained incorrect information, given that the certificate was not requested by or issued to the plaintiff. In Issue...
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Council liable for developer’s economic loss flowing from issue of inaccurate zoning certificate
23 January 2017 | Insurance & Health LawLocal Council held liable for issuing a planning certificate which contained incorrect information even though the certificate was not requested by or issued to the plaintiff. In Issue Whether a local authority owed a duty to a prospective purchaser when...
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Medico-Legal Experts - Current experience and specialisation come up trumps
10 July 2015 | Insurance & Health LawFour recent Queensland decisions highlight the importance of retaining medico-legal specialists who have the benefit of current surgical experience and specialisation over those that do not. On 30 June 2015, in Farnham v Pruden & RACQ Insurance...
