Work Health & Safety Update – Director imprisoned and $1M fine ordered under Qld legislation19 February 2019 | Insurance & Health Law
On 6 February 2019, the Maroochydore District Court handed down Queensland’s first Category 1 prosecution under the Work Health and Safety Act 2011. Sunshine Coast company director, Gary Lavin, and his company, Multi-Run Roofing, were charged with...
Lack of Contemporaneous Medical Records and Inconsistencies in Evidence18 February 2019 | Insurance & Health Law
When medico-legal evidence from competing orthopaedic surgeons is consistent, practitioners generally expect that evidence to be accepted by the court in assessing damages. The recent decision of Evans v Williams highlights what can happen at trial when...
Absence makes the heart grow fonder: whether insurer only entitled to decline indemnity if the absence of a prudent lender clause caused the loss7 February 2019 | Insurance & Health Law
The court held an insurer was not entitled to decline indemnity under a professional indemnity policy because of a valuer’s failure to include a Prudent Lender clause in a valuation report in contravention of a policy exclusion. In Issue Whether a...
Driver involved in fatal accident fails in claim for damages7 February 2019 | Insurance & Health Law
Barry.Nilsson. successfully defended a claim brought against Brisbane City Council (along with the occupier and architect) following a tragic accident in the carpark of Hungry Jack’s Annerley in April 2012. As the plaintiff entered the carpark he...
Does the Royal Commission Recommendation on Claims Handling Pass the Smell Test?6 February 2019 | Insurance & Health Law
One of the key recommendations from the Hayne Royal Commission for the insurance industry is for claims handling to be included in the definition of ‘financial services’ under the Corporations Act 2001. The net effect of this is to require...
Your Guide to the Banking Royal Commission Recommendations4 February 2019 | Insurance & Health Law
On Friday morning, Kenneth Hayne drove to Yarralumla to provide Governor-General Sir Peter Cosgrove a copy of the Final Report (the Report) of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal...