Court of Appeal confirms no action ought to have been be taken to address an uneven surface outside an aged care facility15 January 2019 | Insurance & Health Law
The NSW Court of Appeal dismissed an appeal by the plaintiff from a judgment of the District Court, which held that an occupier’s reasonable response to a risk of tripping on an uneven surface at an aged care facility was to do nothing at all. In...
‘The Composite Cladding Crisis’: Will the Building Surveying Industry ‘self-combust’?17 December 2018 | Insurance & Health Law
Victorian building professionals will by now have heard of the ‘combustible cladding crisis’ affecting Victoria’s domestic and commercial buildings. In fact, for many in the construction industry, the term ‘aluminium composite...
Claims handlers beware! Investigation reports now discoverable?17 December 2018 | Insurance & Health Law
A plaintiff in a CTP claim has successfully appealed a decision of a District Court Master before Her Honour Judge Bochner. Her Honour found that an investigation report obtained by the defendant’s CTP insurer prior to litigation did not attract...
Accept or Decline - How Commercial Transactions have tapped their way into Jurisdictional Uncertainty5 December 2018 | Insurance & Health Law
In the past year there has been ambiguity around whether proceedings arising out of commercial transactions can be litigated in the District Court or Supreme Court of NSW. Since the judgment in NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd...
WCompFiles | Holiday Edition 201828 November 2018 | Insurance & Health Law
The festive season is almost upon us, and we’re delighted to bring you our final edition of WCompFiles for the year. This edition covers developments from around the country, including: Qld | Tips and traps on sharing of workers’ compensation...
Insurer’s reduction of income protection benefits not a capital idea27 November 2018 | Insurance & Health Law
The plaintiff held an income protection policy with the defendant. In September 2014, the defendant accepted the plaintiff’s claim for Total Disability Benefits. In January 2017, the plaintiff received an award of damages for personal injuries. The...