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  1. 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...

  2. 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...

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

    22 October 2018 | Insurance & Health Law

    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...

  4. 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...

  5. Proportionate liability: implications for professionals and professional indemnity insurance

    29 September 2017 | Insurance & Health Law

    The benefits of proportionate liability for professionals and insurers The introduction of the proportionate liability schemes by the Commonwealth and the various states has made life easier for both insurers and professionals, as the risk of litigation...

  6. Running on wet tiles – a shopping centre occupier’s duty to patrons

    25 August 2017 | Insurance & Health Law

    NSW Court of Appeal affirms that foreseeable users of a shopping centre include those who may be inattentive or careless and a reasonable occupier must take reasonable steps to prevent such users from the risk of slipping and falling. In Issue Scope of an...

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