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...
CTP.Files | March 202010 March 2020 | Insurance & Health Law
Welcome to the first edition of CTP.Files for 2020! Claims farming remains a hot issue for this year. For those playing at home, ‘claims farming’ refers to cold calls made to people who have been involved in an accident, encouraging them to...
Court of appeal upholds duty of care owed to police officer as a first responder to accident10 March 2020 | Insurance & Health Law
On 17 February 2013 Mr Williams was killed in a single vehicle accident in Queensland when he collided with a tree (the accident). Mr Caffrey (the plaintiff), a senior constable with the Queensland Police Service, was on duty and attended the scene prior...
Queensland Claims Farming Legislation in Force from 5 December 20196 March 2020 | Insurance & Health Law
The Motor Accident Insurance and Other Legislation Act 2019 received royal assent on 5 December 2019. From that date, significant reforms aimed at stopping claims farming schemes came into effect in Queensland. These reforms created additional practical...
Inconsistent evidence results in judgment for the Nominal Defendant3 March 2020 | Insurance & Health Law
A plaintiff who alleged he was struck by a vehicle gave inconsistent evidence about the circumstances of the incident, the mechanism of injury, and his ongoing impairment, thereby failing to establish breach and causation. In Issue Whether the...
Pleading involvement in a claims-farming scheme - where there is no law against it…20 February 2020 | Insurance & Health Law
In a decision before a District Court Master, an SA CTP insurer made an application to amend the Defence to plead that the plaintiff participated in a “claims farming scheme”. The definition of the “claims farming scheme” used at...