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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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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

The final report into Institutional Responses to Child Sexual Abuse was tabled by the Royal Commission on 15 December 2017

After five years, 1,300 witness accounts, 57 public hearings and more than 8,000 personal stories from survivors the Royal Commission into Institutional Responses to Child Sexual Abuse officially concluded on 14 December 2017. 
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Commonwealth Redress Scheme for Institutional Child Sexual Abuse

On 26 October 2017 the Federal Social Services Minister introduced two bills facilitating a Commonwealth redress scheme for victims of institutional child sexual abuse.
Blog

Limitation period changes for child abuse actions may lead to spike in claims

In New South Wales (NSW) there is no longer any limitation period for past, present or future child abuse actions.
Blog

Child ran over and seriously injured by family’s ride-on mower

The Court of Appeal of Western Australia has weathered a storm of creative arguments to hold that “normally living” at a residence, within the meaning of an exclusion clause (in home insurance liability cover), is not an ‘act’ within the meaning, or attracting the operation, of section 54(1) of the Insurance Contracts Act 1984 (Cth)(ICA).

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