Family Feud: the survey says… not negligent!19 June 2018 | Insurance & Health Law
The court dismissed a claim for negligence and unconscionable conduct by the plaintiff against the solicitors retained by her husband in relation to matrimonial property proceedings. In Issue Whether the solicitors retained for the plaintiff’s...
A nail shot from a nail gun striking someone in the skull through a common wall is not an obvious risk14 June 2018 | Insurance & Health Law
The plaintiff, a builder's labourer, was shot in the temple by a nail gun fired from an adjoining property by a workman employed by a different company. In Issue Whether the risk of injury from using a nail gun through a common wall was an obvious,...
Case Collective | June 201814 June 2018 | Insurance & Health Law
In this edition of Case Collective we look at: WA | The scope and extent of a landlord's duties of care where a plaintiff was severely burnt following an explosion and fire. Vic | The first Victorian case to reach appeal stage dealing with the...
Failed at the final hurdle – a lesson in establishing causation11 June 2018 | Insurance & Health Law
On 17 December 2009, a fire escaped from the Walla Walla Waste/Recycling Depot in Walla Walla, New South Wales and burnt 5,200 hectares of land. The plaintiff’s property was destroyed in the fire. She brought a claim against Council, seeking damages
Cap and collar is not necessarily belt and braces11 June 2018 | Insurance & Health Law
An unsuccessful appeal against a denial of indemnity in relation to the outcome of arbitration proceedings after a ‘cap and collar agreement’ was entered into to limit risk. In Issue What amounts to an occurrence causing property damage and...
WHO based guidelines for antibiotic management not irrational after all29 May 2018 | Insurance & Health Law
The NSW Court of Appeal overturned a finding of liability against a hospital, for an alleged failure to appropriately administer antibiotics to a patient. The hospital relied on the defence under s 5O of the Civil Liability Act 2002 (NSW) (the Act), that.