Insights
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New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 2021
30 September 2021 | Insurance & Health LawOne of the many recommendations of the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was the amendment of the insured’s duty of disclosure under the Insurance Contracts Act 1984 (ICA)....
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The Opal Tower - installed, erected, supplied…but not a "Product"
22 July 2021 | Insurance & Health LawThe Full Court of the Federal Court of Australia was asked to determine a rather unique dispute as to whether the Opal Tower was a “Product” for the purposes of a policy of insurance. Having regard to the context of the policy as a whole, the Court said no.
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The medico-legal headache: 3 months and you’re out
16 June 2021 | Insurance & Health LawThe effect of a recent Queensland Supreme Court decision that considered timing and delays in obtaining medico-legal evidence is resulting in personal injury claims being subjected to arbitrary conditions on the timing of medico-legal examinations. Among the most popular is a condition being imposed...
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Full Federal Court reluctantly confirms Brit on working holiday is an independent contractor, not an employee
15 March 2021 | Insurance & Health LawA CFMMEU backed worker has had his claim for compensation and orders for penalties under the Fair Work Act 2009 (Cth) rejected on the basis that he was an independent contractor and not an employee covered by the legislation. Judges lament being bound by...
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Former employee awarded $5.2 million in adverse action case
15 October 2020 | Insurance & Health LawA landmark decision delivered by the Federal Court of Australia has resulted in an Applicant being granted more than $5.2 million in damages (plus interest) under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) and for a breach...
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Injured worker’s award for future economic loss reduced by 50% for contingencies
22 July 2020 | Insurance & Health LawThe Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...
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