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Aviation: struck out for being too late

Australia’s highest court the High Court of Australia (“HCA”) has recently confirmed unanimously that a claim for personal injuries arising out of the death of or injury to a passenger in an aircraft (“the incident”) must be brought within two years of the date of the incident pursuant to section 34 of the Commonwealth Civil Aviation (Carriers’ Liability) Act 1959 (“CACLA”).
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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.
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Walking (and lifting) a mile in a worker’s shoes. Hicksons get assessed!

Our newest Partner, Doyle Myles, recently attended a full physical and functional assessment to gain a better understanding of a worker's experience when they are participating in assessments for the claims process or litigation.
Blog

Primacy of Primary Insuring Clause

Schmidt J of the NSW Supreme Court has reminded us of the importance of examining the terms of the primary insuring provisions of policies in determining whether they respond.  This examination includes a requirement that the policy be interpreted to give it a business like interpretation.

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