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  1. Pleading involvement in a claims-farming scheme - where there is no law against it…

    20 February 2020 | Insurance & Health Law

    In a decision before a District Court Master, an SA CTP insurer made an application to amend the Defence to plead that the plaintiff participated in a “claims farming scheme”. The definition of the “claims farming scheme&a...

  2. 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 Le...

  3. Federal Court ‘intolerably clear’ it will not entertain tears over spilt diesel

    20 February 2020 | Insurance & Health Law

    An unsuccessful claim for contribution under a management liability policy, following an insured’s conviction for a pollution offence relating to a diesel spill at a waste management facility. In Issue Whether the Combined Business Liability...

  4. Lawyer successfully defends $6.5M claim alleging breach of retainer

    20 February 2020 | Insurance & Health Law

    A plaintiff’s claim for damages in excess of $6.5M against his former solicitors for breach of contract, negligence and misleading and deceptive conduct in the provision of legal advice was dismissed. In Issue Whether, in giving legal advice,...

  5. Commencement of further QLD Government legislative reforms for abuse victims

    19 February 2020 | Insurance & Health Law

    Amendments to the Civil Liability Act 2003 (Qld) (CLA), which commence on 2 March 2020, further extend the legislative framework for victims of child abuse put in place by the Queensland Government as a result of the Royal Commission into Institutional...

  6. Commencement of Qld laws on the liability of institutions for child abuse

    19 February 2020 | Insurance & Health Law

    Amendments to the Civil Liability Act 2003 (Qld) (CLA), which commence on 2 March 2020, further extend the legislative framework for victims of child abuse put in place by the Queensland Government as a result of the Royal Commission into Institutional...

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