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  1. Proof of alleged fraud: Who was driving?

    20 February 2020 | Insurance & Health Law

    How to prove alleged fraud when there is a suspicion that the driver and passenger have swapped places after a motor vehicle accident? The sole issue for determination in this case was the identity of the driver. The High Court of Australia (HCA) in Lee v...

  2. Crime does not pay – criminal offence defeats CTP claim for damages

    24 June 2019 | Insurance & Health Law
    Tags CTP

    The District Court of NSW found that there is no duty of care owed to an injured person claiming damages in circumstances where that person was found to have committed a serious criminal offence. Alternatively, a finding of substantial contributory...

  3. Car v bicycle and the need to pay attention at all times

    24 June 2019 | Insurance & Health Law
    Tags CTP

    His Honour Judge Weber SC of the District Court of NSW found that the Defendant did not breach her duty of care to the Plaintiff cyclist as he collided with the rear of the Defendant’s vehicle. The Plaintiff was being inattentive and failed to...

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