Tasmanian general damages trailing behind the mainland no longer!24 May 2022 | Insurance & Health Law
In this decision the Tasmanian Supreme Court has taken a big step towards bringing awards for general damages into line with other Australian jurisdictions, changing the quantum landscape for Tasmanian CTP claims. In Issue The court’s considerations...
Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?16 May 2022 | Insurance & Health Law
An Uber driver was liable in negligence when his passenger opened his car door into a bike lane causing an accident with a passing cyclist. In Issue The quantum of damages was agreed between the parties on the first day of trial, the predominant issues...
Episode 22: The line between voluntary assisted dying and criminal conviction11 May 2022 | Insurance & Health Law
Content warning: this episode of The Checkup discusses highly sensitive topics, including death and suicide. If you find this episode triggering, please contact Lifeline on 13 11 14. In Australia, criminal law prohibits active voluntary euthanasia,...
Right call, wrong time – when does a requirement become inherent?10 May 2022 | Insurance & Health Law
The FWC finds that Baptcare Limited had “prematurely” dismissed an unvaccinated worker by not taking into account his ability to perform his role from home. In Issue Was it unreasonable to dismiss an unvaccinated employee who, while pursuant...
Despite breach of duty, insurance broker succeeds in professional negligence claim6 May 2022 | Insurance & Health Law
The Supreme Court of New South Wales considered a professional negligence claim against a broker pertaining to the failure to give advice in respect of an exclusion involving swimming pools in a homeowner's insurance policy.
Reading the whole medical report – the importance of avoiding a “pick and choose” approach6 May 2022 | Insurance & Health Law
Bowskill J reiterates that medical reports must be read as a whole and it is ‘artificial and inappropriate’ to pick and choose the more favourable parts of a report.