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Higher decisions for hire cars: addressing exorbitant claims for replacement vehicles

On 3 September 2019, Basten J of the NSW Supreme Court delivered appeal Judgments in three cases heard concurrently and (for the time being) confirmed the correct approach for assessing damages in claims for hire vehicle costs following an accident.  
Blog

A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.
Blog

Further Thoughts on the District Court’s power to determine “Commercial” Matters

There has been a further Supreme Court decision regarding the legislative anomaly which has created great uncertainty over the power of the District Court to determine “Commercial” matters. 
  • 15 Oct 2018

Blog

Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

On 6 April 2014, Mr Bridge slipped and fell in a below ground carpark at Coles’ Coffs Harbour store.
Blog

Hindsight is not always a wonderful thing

The recent decision by the Court of Appeal in Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 serves as a reminder that the duty of care owed by a contract cleaner in a shopping centre is not an expectation of “perfection”.
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Be the Change You Seek – Your Essential Guide to the 2018 Review of the General Insurance Code of Practice Final Report

On 26 June 2018, the Insurance Council of Australia (“ICA”) released its Review of the General Insurance Code of Practice final report (“the Final Report”).
Blog

Water tight? The Queensland District Court considers the effect of a flood exclusion clause

The Queensland District Court recently considered the effect of a ‘flood exclusion clause’ arising out of the 2011 Brisbane floods.
  • 27 Jun 2018

Blog

Child Sexual Abuse: all states now on board for National Redress Scheme due to start on 1 July 2018

In June 2018, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (“the Bill”) was passed, establishing the National Redress Scheme for Institutional Child Sexual Abuse (“the Scheme”).
Blog

When is that which occurred not an “Occurrence”?

In the recent case of Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100, the NSW Court of Appeal looked at the meaning of “Occurrence” in a policy wording in the context of the distinction between the damage that occurred and what caused that damage to occur.
  • 13 Jun 2018

Blog

Claims directly against third party insurers – the application of the “leave” requirement tested

The Courts continue to be presented with opportunities to consider and apply the relatively new and importantCivil Liability (Third Party Claims Against Insurers) Act 2017 (NSW).
  • 30 May 2018

Blog

Beware the Unfair – lessons to be learnt from JJ Richards?

The protections afforded to consumers under the “unfair contract terms” regime by the Australian Consumer Law and the ASIC Act 2001 has been extended to cover small businesses for over a year now.  
Blog

Offers of Compromise – take your medicine early

Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 is a recent reminder of the importance of offers of compromise and the consequences of ignoring them.  
Blog

Gold and Good faith – County Court rejects an insurer’s denial of claim on the basis of fraud

The County Court of Victoria recently considered a case involving a range of insurance issues, including what is required to substantiate a claim, the duty of utmost good faith, fraud and the application of s54 of the Insurance Contracts Act 1984 (Cth) (“ICA”).
  • 27 Feb 2018

Blog

Ensuring Competition for Consumers; a Burden for Insurers?

The Productivity Commission released its draft “Competition in the Australian Financial System” report on 7 February 2018, with the driving message being that financial service providers, including general insurers, ought to be engaging in more competitive behaviour.

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