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  1. Disembark this way – Court of Appeal rules on airport trip case

    21 July 2021 | Insurance & Health Law

    The WA Court of Appeal considers the liability and contractual issues arising between an airline carrier, the owner/occupier of the airport and the entity providing ground handling services in circumstances where an injured person tripped and fell on a raised concrete plinth whilst crossing the...

  2. You have been warned! Adequate warning by local authority precludes claim for slip and fall on boat ramp

    7 October 2020 | Insurance & Health Law

    A local authority has successfully defended a claim involving a slip and fall on a boat ramp on the basis that the plaintiff was engaged in a recreational activity, the risk of that activity was the subject of a risk warning, and that the risk of slipping...

  3. Life in Lockdown: how changes in our movements will impact the injury liability claims landscape

    22 May 2020 | Insurance & Health Law

    COVID-19 has had wide-reaching consequences on our lives. For the last 2 months or so, we have been working from home (where possible) and practising social distancing. With social distancing restrictions now starting to ease, people are slowly starting...

  4. Decisions, Decisions, Decisions: General Principles for insurers when deciding TPD claims

    11 September 2018 | Insurance & Health Law

    An insurer breached its duty to a person claiming a Total and Permanent Disablement benefit when it declined the claim on two separate occasions. This decision highlights the general legal principles for insurers when deciding TPD claims, particularly...

  5. Court adopts “not reasonable” test in refusing to grant an extension of the limitation period in a defamation case

    27 February 2017 | Insurance & Health Law

    Despite a ruling that it would not have been reasonable for defamation proceedings to have been commenced within the limitation period, an extension of time was refused because not all of the subsequent delay in commencing proceedings was explained. In...

  6. Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident

    27 October 2016 | Insurance & Health Law

    In Issue Consideration of the extent to which damages should be reduced for contributory negligence in a blameless accident. The Background At 1:40am on 14 August 2010, the appellant was walking along an unlit road when he was struck from behind by a car...

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