Insights Insights
  1. AFCA changes give rise to significant uncertainty for financial service providers and their insurers

    1 March 2019 | Insurance & Health Law

    The Australian Financial Complaints Authority (AFCA) is set to be beefed up with potentially significant ramifications for financial service providers and their insurers. AFCA was established in November last year to consider complaints against financial...

  2. Acting in good faith: recent guidance from the Supreme Court of New South Wales

    20 October 2015 | Insurance & Health Law

    The duty of good faith owed to one another by insurers and insured parties is a fundamental feature of the insurance relationship. The duty has long existed at common law and is now also an implied term in every contract of general insurance thanks to the...

  3. Damage...the gist of the action and a question of fact

    14 October 2015 | Insurance & Health Law

    On 12 August 2015 the High Court unanimously dismissed the employer’s appeal against a finding as to when the injured worker’s cause of action in negligence for mesothelioma caused by the inhalation of asbestos fibres accrued and whether it...

  4. Does a hospital owe a duty of care when discharging a mentally ill patient?

    27 February 2015 | Insurance & Health Law

    In November 2014 the High Court of Australia unanimously allowed an appeal from a decision of the New South Wales Court of Appeal, finding that the Hunter and New England Local Health District (“the defendant”), a health authority responsible for Manning Base Hospital at Taree, New South Wales,...

  5. A Landmark Decision

    30 October 2014 | Insurance & Health Law

    In personal injuries litigation involving employer and non-employer defendants, it is often the case that the non-employer defendant will have a contract claim against the employer which exceeds the employer’s liability at common law. Historically WorkCover has refused to indemnify the employer...