A Proprietary Interest is Golden15 April 2021 | Insurance & Health Law
In this case a solicitor and senior counsel were found negligent for failing to give their client advice with due care and skill when recommending that the client terminate an agreement. In reaching its determination, the Court considered the significance of recommending termination was not...
First in not necessarily best dressed when it comes to competing class actions15 April 2021 | Insurance & Health Law
This article discusses the approach taken by NSW and Federal Courts in determining which competing class actions arising out of the same controversy should proceed and which should be stayed. There is no ‘one size fits all’ approach, but Courts should consider which proceeding is in the best...
Federal and NSW governments strengthen the rights of historical child sexual abuse survivors14 April 2021 | Insurance & Health Law
Legislative changes at the Commonwealth and NSW level aim to bolster the rights of survivors of child sexual abuse. It is expected that the changes will improve the efficiency of the National Redress Scheme for Institutional Child Sexual Abuse and provide a better footing for survivors in NSW to...
Case Collective | April 20218 April 2021 | Insurance & Health Law
The April edition of Case Collective is here! In this month’s edition, we discuss the case of a worker who was awarded $1.4 million for injuries arising from a workplace incident where a trailer deck dropped on his arm, and the case of a subcontracted delivery driver who was run over by his van...
Federal Court of Australia rules against TAL Life Limited8 April 2021 | Insurance & Health Law
Federal Court finds insurer guilty of breaching its duty to act with utmost good faith towards an insured.
Defendant’s request for further psychiatric examination was unreasonable6 April 2021 | Insurance & Health Law
The Defendant was unsuccessful in an application for stay of proceeding as the request to have the plaintiff submit to a further psychiatric examination was unreasonable.