Insights Insights
  1. Victorian Supreme Court of Appeal clarifies limitation period commencement under s 134 of the Building Act 1993 (Vic)

    8 July 2022 | Insurance & Health Law

    The Victorian Supreme Court of Appeal has provided helpful judicial determination of s 134 of the Building Act 1993 (Vic). The Court of Appeal found the limitation period for actions brought under the Building Act is within 10 years of the date an occupancy permit was first issued with respect to...

  2. Limitations of inferential reasoning considered in determining whether there was negligence of the driver of an unidentified vehicle

    20 April 2022 | Insurance & Health Law

    The Victorian Supreme Court has highlighted the limitations of inferential reasoning in relation to a plaintiff’s ability to prove that the oily substance on a highway, that caused her to collide with another vehicle, was on the highway by reason of the negligence of the driver of an unidentified...

  3. Victorian Supreme Court confirms alleged perpetrator right to self-incrimination privilege in context of defending civil proceeding allegations

    26 July 2021 | Insurance & Health Law

    The Victorian Supreme Court has recently considered the operation of s 128 of the Evidence Act 2008 (Vic) (the Act) and whether it was in the interests of justice to require an alleged perpetrator of sexual abuse to give evidence in civil proceedings. His Honour rejected the defendant’s...

  4. Conduct required to decline indemnity under a reasonable precautions clause clarified by the Victorian Supreme Court

    6 April 2021 | Insurance & Health Law

    This case considered a dispute between an insurer and its insured regarding the insurer’s refusal to grant indemnity to the insured under a public liability policy. The court found clauses that require an insured to take reasonable precautions are not breached by actions that amount to negligence,...

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