Insights Insights
  1. Damages, Compensation or Legal Liability – Interpreting an Insuring Clause

    14 May 2020 | Insurance & Health Law

    The SA Metropolitan Fire Service (SAMFS) sought to recover the costs of remediating contaminated land following a fire fighting operation at the premises of the First Defendant (Mulhern). Mulhern’s public liability insurer denied coverage in...

  2. Is the shopping centre half empty or half full? Whether specific outcomes and tenancy rates can be implied into an exclusive leasing agreement

    30 August 2019 | Insurance & Health Law

    This case involved a failed joint venture in relation to the post GFC development of a shopping centre. The joint venture claimed the defendant real estate agency, Savills, was liable in contract and tort for the failed venture because it failed to secure...

  3. Claims handlers beware! Investigation reports now discoverable?

    17 December 2018 | Insurance & Health Law

    A plaintiff in a CTP claim has successfully appealed a decision of a District Court Master before Her Honour Judge Bochner. Her Honour found that an investigation report obtained by the defendant’s CTP insurer prior to litigation did not attract...

  4. Agent’s pre-sale statements about parking availability on battle axe block not misleading

    23 October 2018 | Insurance & Health Law

    In a unanimous decision, the NSW Court of Appeal has affirmed that the respondent real estate agent did not engage in misleading and deceptive conduct in relation to alleged pre-sale misrepresentations concerning the availability of parking at the...

  5. The status of mobility scooters in the South Australian, Compulsory Third Party Scheme

    22 October 2018 | Insurance & Health Law
    Tags CTP

    In March 2011, Monash University (commissioned by the Australian Competition and Consumer Commission), produced a report titled the Targeted Study of Injury Data Involving Motorised Mobility Scooters. This report indicated that in just a two year period...

  6. Strict adherence to the Mental Health Act, is it necessary?

    23 November 2017 | Insurance & Health Law

    The Supreme Court of the ACT has determined that the defendant's failure to have the plaintiff assessed in accordance with the Mental Health (Treatment & Care) Act 1994 (ACT) was a breach of its duty as the entity responsible for the management of...

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