Insights Insights
  1. Does a driver always owe their passengers a duty of care?

    14 June 2017 | Insurance & Health Law

    The answer is no; as demonstrated in the recent Queensland Supreme Court decision of Captain v Wosomo & Anor [1]. The decision dealt with tragic circumstances involving a plaintiff (who was 14 years old at the time) who suffered catastrophic head...

  2. What actions will constitute the 'driving' of a motor vehicle?

    8 June 2017 | Insurance & Health Law

    'Driving' The concept of 'driving' has been considered in a number of previous cases from the various CTP jurisdictions throughout Australia. The High Court decision of Insurance Commission of Western Australia v Container Handlers Pty Ltd

  3. Can a participant in the NSW Lifetime Care and Support Scheme 'withdraw' from the Scheme?

    30 May 2017 | Insurance & Health Law

    An issue which has arisen recently in practice, is whether or not a participant in the NSW Lifetime Care and Support Scheme (whether interim or permanent) can elect to 'withdraw' from the Scheme and refuse services provided by the Scheme, and...

  4. The unstoppable drive of automated vehicles - likely impacts on CTP Insurers

    30 May 2017 | Insurance & Health Law

    The wheel turns The age of automated or driverless vehicles is well and truly dawning. The idea of a driverless vehicle ‘chauffeuring’ a human occupant is no longer farfetched. It is not a question of ‘if’ but ‘when’...

  5. Motor Accident Injury Bill 2017

    31 March 2017 | Insurance & Health Law

    The Motor Accident Injury Bill 2017 was passed by the NSW Parliament on 30 March 2017 and whilst awaiting assent and a commencement date, we provide a sneak peek of the proposed changes below. The good news is this scheme ought to free up insurer’s.

  6. Claim dismissed due to plaintiff’s delay and non-compliance

    31 March 2017 | Insurance & Health Law

    This is a successful application for summary judgment by a CTP insurer due to the plaintiff’s history of delay and non-compliance with the procedural provisions of the MAIA. Date Delivered: 22 December 2016 Facts The plaintiff was injured in an...

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