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Proposed amendments to give the Personal Injury Commission power to control service providers

The proposed amendments to the Motor Accidents Injuries Act,Workers Compensation Act 1987, and the Workplace Injury Management and Workers Compensation Act 1998 would give the Personal Injury Commission (PIC) the power to exclude service providers who are overservicing and overcharging.

Where interstate CTP policies do not respond, the NSW Nominal Defendant will pay statutory benefits

Each State has a different CTP Scheme, few covering the at fault driver. In NSW, the Nominal Defendant will pay statutory benefits in those circumstances.

Proposed changes to the Motor Accident Injuries Act – what you need to know

Following the recommendation of Justice Fagan in AAI Limited v Singh1 the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 was tabled on 23 June 2021.

Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  

NSW Supreme Court reminds plaintiffs of requirements for claiming directly against liability insurers

In Count Financial Limited v Pillay[2021] NSWSC 99, Stevenson J of the Supreme Court of NSW examined whether leave under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (theAct) should be granted to a plaintiff seeking to join an accountant’s professional indemnity insurer to proceedings.

Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

2020 has been a year of ”big hits” in the dangerous recreational activity space.   It has also been in a year in which our sportsmen have featured in the evening news, often for their off‑field behaviour.     The recent news that former England Rugby international, 42 year old Steven Thompson, has been diagnosed with early onset dementia, and is involved in a potential class action in relation to the repetitive head trauma he says gave rise to his condition; has sent shock waves through the sporting world.

Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  

Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.

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.  

Company directors and officers beware – Imprisonment for WHS breaches a reality

The risk of officers and workers being imprisoned for breaches of WHS legislation has been a possibility for many years but is now becoming a reality.
  • 4 Mar 2019

Transport operators and storage facilities face increased liability under recent Australian Consumer Law Amendments

Amendments to the Australian Consumer Law (“ACL”), which is a schedule to the Commonwealth Competition and Consumer Act 2010, passed by the Commonwealth Parliament on 18 October 2018 are likely to increase the exposure of domestic land transport and storage facility operators for goods damaged during transportation or storage.  
  • 10 Dec 2018

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”).

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

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

Life or Death and a claim for privilege

The District Court of NSW was recently required to consider issues in relation to whether various documents relating to a factual investigation were privileged and if so, whether there had been a waiver of privilege as a result of an inadvertent disclosure of the documents.
  • 26 Oct 2017

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