Case Collective | July 20208 July 2020 | Insurance & Health Law
Worker or contractor? Consideration in the context of a multi-party relationship7 July 2020 | Insurance & Health Law
This Victorian Court of Appeal decision considers the application of the common law test for an employee in the context of a multi-party arrangement. In Issue Whether or not the Worker was an employee or contractor for EVS. The background The second...
Providing ECT to adults with impaired capacity outside of the Mental Health Act 20162 July 2020 | Insurance & Health Law
We were recently involved in a novel application seeking authorisation for the administration of Electroconvulsive Therapy (ECT) to an adult in an induced coma for the treatment of super-refractory status epilepticus. The matter was considered in closed...
Can Bob the Builder still fix it? The Design and Building Practitioners Act 2020 (NSW) and implications for insurers29 June 2020 | Insurance & Health Law
The Design and Building Practitioners Act 2020 (NSW) (DBP Act) was assented to on 10 June 2020 and represents the first step in the NSW Government’s reform of the building industry following Shergold and Weir’s review of compliance and...
Home is where the heart is: the role of intention in residence-based exclusions29 June 2020 | Insurance & Health Law
The Supreme Court of Queensland has provided guidance on how exclusions in insurance policies concerning where a person “usually lives” or is “ordinarily resident” should be interpreted, concluding the person’s intention is...
Victorian Government to fast-track cladding rectification scheme and give builders a chance to rectify their own work29 June 2020 | Insurance & Health Law
As reported in our 17 October 2019 update, the Victorian Government introduced reforms aimed at funding rectification of non-compliant ACP cladding, including through litigation directed at wrongdoers responsible for the use of such products. In this...