Insights Insights
  1. Prior complaints not sufficient to establish Council was aware of “particular risk”

    6 July 2021 | Insurance & Health Law

    In the recent decision of Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150, a public authority was afforded protection in respect of a claim brought by a pedestrian who fell on a temporary ramp on the road, despite receiving prior complaints about the...

  2. Failure to secure temporary signage has resulted in liability for Council

    17 June 2020 | Insurance & Health Law

    In the recent decision of Goondiwindi Regional Council v Tait [2020] QCA 119, the Court of Appeal upheld the decision that a local government was liable for failing to repair a pothole on a state-controlled road in a declared disaster area, and for...

  3. Decision of trial judge upheld in catastrophic claim

    11 July 2018 | Insurance & Health Law

    The Court of Appeal confirmed an insurer was not liable for catastrophic injuries sustained by an unlicensed teenager as he, not his father, was the driver of the vehicle at the time of the accident. In Issue Whether the trial judge was correct in finding...

  4. Insurer not liable for catastrophic injuries of unlicensed driver

    2 May 2017 | Insurance & Health Law

    Insurer successfully avoids liability for catastrophic injuries by establishing that the negligent driver was the unlicensed teenage plaintiff and not his father. In Issue Whether the plaintiff was the driver of the vehicle at the time of the collision...

  5. Proving insurance fraud following house fire

    18 November 2016 | Insurance & Health Law

    In Issue Whether an insurance claim for a house fire was made fraudulently. The Background The plaintiff owned a property at Mosman. There was a large and expensive residence being constructed on that property. The property was insured for the amount of...

  6. NDIS set to launch early in Queensland

    21 October 2015 | Insurance & Health Law

    The Queensland and Commonwealth Governments have agreed that North Queensland will have an early launch (April 2016) of the National Disability Insurance Scheme (NDIS), which was scheduled to commence from 1 July 2016. Overview The purpose of the NDIS is...

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