Negligent misstatement, nuisance and no statutory defence – a fatal combination for Council29 January 2021 | Insurance & Health Law
The plaintiff homeowner sued Council for negligent misstatement and nuisance for failing to disclose the existence of an underground stormwater pipe on a planning certificate issued prior to purchase. The pipe ultimately became blocked, resulting in...
Plain language exclusions – a berry good idea18 December 2020 | Insurance & Health Law
A recent application of policy exclusions in a damages claim arising from contaminated food products. In Issue The Supreme Court considered the application of various exclusion clauses in a policy of insurance that an insurer sought to rely on to deny...
Tasmania reforms child abuse claims and obligations11 June 2020 | Insurance & Health Law
The recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse has empowered the Tasmanian Government to revolutionise the law in Tasmania in regards to child abuse claims with the enactment of the Justice Legislation...
Life in Lockdown: how changes in our movements will impact the injury liability claims landscape22 May 2020 | Insurance & Health Law
COVID-19 has had wide-reaching consequences on our lives. For the last 2 months or so, we have been working from home (where possible) and practising social distancing. With social distancing restrictions now starting to ease, people are slowly starting...
Council found liable for failing to take preventative measures3 March 2020 | Insurance & Health Law
The plaintiff, who was at the time 5 years of age, sustained serious injuries when he fell through a railing on the Coffs Harbour Jetty. The plaintiff was successful against Coffs Harbour City Council (Council) and the Coffs Coast State Park Trust (the...
Commencement of further QLD Government legislative reforms for abuse victims19 February 2020 | Insurance & Health Law
Amendments to the Civil Liability Act 2003 (Qld) (CLA), which commence on 2 March 2020, further extend the legislative framework for victims of child abuse put in place by the Queensland Government as a result of the Royal Commission into Institutional...