Appeal against hefty damages award to actor Geoffrey Rush for defamation fails27 July 2020 | Insurance & Health Law
The Full Federal Court has dismissed an appeal by Nationwide News against a finding of liability for publication of defamatory articles about prominent Australian actor Geoffrey Rush. In Issue A finding that the publications conveyed a particular pleaded...
Plaintiff in the soup after failing to establish Hospital’s breach of duty of care22 July 2020 | Insurance & Health Law
In Hawkins v South Western Sydney Local Health District  NSWDC 308, the plaintiff failed to convince a court that the treatment provided to him by the Campbelltown Hospital’s catering and nursing staff was negligent. In Issue The plaintiff...
Full Court held all “strands in a cable” to be considered when assessing circumstantial evidence22 July 2020 | Insurance & Health Law
The Full Court found an electricity supplier negligent based on multiple breaches of duties of care without establishing a particular breach of its duty of care had caused the damage. In Issue: Where there are multiple breaches of duty and damage results...
Injured worker’s award for future economic loss reduced by 50% for contingencies22 July 2020 | Insurance & Health Law
The Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...
Policy Construction: A broad approach to “Property Insured” under an ISR policy20 July 2020 | Insurance & Health Law
This case considered whether the property insured under an Industrial Special Risk policy was confined to property specifically listed or used for the insured business, or to the property at the insured location. The Background Oceanview Developments Pty...
Mind the step – occupier’s liability and obvious risk14 July 2020 | Insurance & Health Law
The New South Wales District Court has found in favour of a large, national retailer under the ‘obvious risk’ provisions of the Civil Liability Act 2002 (NSW), and has examined the balance between the duties of care imposed on an occupier and...