Insights Insights
  1. Mind the step – occupier’s liability and obvious risk

    14 July 2020 | Insurance & Health Law

    The New South Wales District Court has found in favour of a large, national retailer under the ‘obvious risk’ provisions of the Civil Liability Act 2002 (NSW), and has examined the balance between the duties of care imposed on an occupier and...

  2. Pedestrian trips on cable, but expert evidence is the real hurdle

    27 May 2019 | Insurance & Health Law

    A Council has successfully appealed a New South Wales District Court decision that the failure to remove a cable fence at a public sports field amounted to negligence following a pedestrian’s trip and fall. A lack of specialist knowledge rendered a...

  3. Captive insurer avoids indemnity under ambiguous policy

    13 November 2018 | Insurance & Health Law

    In a unanimous decision, the NSW Court of Appeal has affirmed that the proper construction of an ambiguously worded clause in an employer’s liability policy led to indexation of the policy deductible, and defeated a claim for indemnity under the...

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