Barry.Nilsson. Lawyers

Court rules on apportionment and interest in Brisbane floods class action

26 June 2020 | Insurance & Health Law

The Supreme Court of New South Wales has ruled on further issues arising from its November 2019 judgment in the Queensland floods class action, including the representative plaintiff’s claim for interest on damages for “gratuitous...

Court finds dam operators liable for causing the Brisbane floods

10 February 2020 | Insurance & Health Law

In an extensive written judgment, the Supreme Court of New South Wales has found the Queensland water authorities and flood engineers responsible for flood operations at Wivenhoe and Somerset Dams liable in negligence for damage arising out of the 2011...

Application of time bar to equitable proceedings survives appeal

11 July 2018 | Insurance & Health Law

A recent New South Wales Court of Appeal decision was followed and applied in Queensland, in giving summary judgment for a defendant in relation to an equitable claim on limitation grounds. In Issue Whether the primary judge erred by applying a limitation...

Solicitor not liable to financier client despite breach of duty

24 January 2017 | Insurance & Health Law

The NSWCA upheld the trial judge's decision that a financier failed to prove causation because it would have proceeded with a loan transaction despite its solicitor's breach of duty. In Issue Whether a plaintiff lender established causation, by...

Advocates’ Immunity - Attwells & Anor v Jackson Lalic Lawyers Pty Ltd [2016] HCATrans 048

5 May 2016 | Insurance & Health Law

The High Court has resisted the call for abolition of the advocates’ immunity from suit, and instead has attempted to clarify and limit the scope of its operation by emphasising the public policy behind it. Is the position clearer? We report on the...

FOS Rejects Complaint Related to Geared Investment Strategies

24 June 2015 | Insurance & Health Law

With investment funds taking a hit in tough economic times, frustrated investors are looking for someone to blame. In this case, the applicants made several complaints to the Financial Ombudsman Service (FOS) against our client, a financial services...