Expert Evidence, Economic loss and Damages Awards for Abuse Survivors26 February 2021 | Insurance & Health Law
The case relates to historic sexual abuse committed by a teacher upon a student at a school in regional Victoria in the 1980’s. In Issue The proceeding involved an assessment of damages, and in particular, a detailed analysis regarding the...
Court dismisses 71-year-old’s general protections claim where employment offer was rescinded25 February 2021 | Insurance & Health Law
The Federal Circuit Court of Australia (FCCA) has recently dismissed an adverse action claim advanced by a 71-year-old prospective employee that had their offer of employment rescinded prior to commencing employment. The employee argued the offer was rescinded due to his age.
Waivers, weather and a win for a skydiving company sued when a tandem skydive went wrong23 February 2021 | Insurance & Health Law
In Issue Whether the defendant skydiving company could rely on a waiver of liability Whether a heavy landing from a skydive was caused by negligence Whether the injuries sustained were the result of the materialisation of an inherent risk of skydiving The...
Claim for rectification of Side C sublimit cover: each excess layer to be individually considered22 February 2021 | Insurance & Health Law
A shareholder class action was brought against Quintis Ltd (Subject to Deed of Company Arrangement). A claim was then brought against Quintis’ D&O insurers seeking rectification of Side C cover under a multilayered Directors’ and Officers’ liability programme on the basis that the $10 million...
Road rage incident leads to broken foot: who’s to blame?15 February 2021 | Insurance & Health Law
Overview The plaintiff suffered injury when a car driven by the defendant ran over her foot. The Court held that the plaintiff’s damages should be reduced to account for contributory negligence on the basis that the plaintiff had provoked the...
Fairfax falters with Honest Opinion Defence12 February 2021 | Insurance & Health Law
In this decision the Federal Court of Australia considered the criteria for the defence of honest opinion in the context of allegedly defamatory imputations published in the Australian Financial Review, and whether the publisher’s conduct was...