Victorian WorkCover Authority v A.T.S. Towing Service Pty Ltd (ACN 054 744 204) & Ors  VCC 2010 Background Aaron Butler (the plaintiff) sued Linkback (VIC) Pty Ltd (the Insured), ATS Towing Service (ATS) and Mr Steven Mavro, for injuries sustained in a dog attack on 4 April 2016. The attack occurred on a property […]
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Case Note | First in, not necessarily best dressed? Victorian Court of Appeal allows multiple Medical Panel determinations, setting aside the Rosata decision
Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd  VSCA 281 (21 November 2023) Background Luigi Rosata and Samih Kabbout issued separate court proceedings for injuries sustained in unrelated slip and fall incidents. In Victoria, a claimant who suffers injuries, which are not caused by a workplace or transport accident, may […]
“Property Damage” – Sounds Simple, Right?
At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]
Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action
SunWater Limited v Liberty Mutual Insurance Company  NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims brought by the rec mipient of the professional service or advice. A court may construe the professional liability exclusion more stringently where the insured can seek refuge under another policy. There are no special rules […]
Swearing of affidavits across Australia – what’s required during the COVID-19 pandemic?
Key takeaways In some States and Federally, witnessing and attesting affidavits can be done remotely. If a sworn affidavit is not possible, an unsworn affidavit may be accepted by the Court. If an unsworn affidavit is relied upon, a sworn or affirmed affidavit must be filed with the Court when circumstances allow. Legislation and Regulations […]
How will Liability Insurance respond to COVID-19?
Key takeaways Insurer and reinsurer responses to COVID-19 are continuing to evolve. Critical to liability claims is likely to be the timing and content of government directives and an insured’s response to them. An Insured will need to defend their actions in preventing the spread of the disease. The number and types of claims to […]
Emerging Insurance Issues from COVID-19
Key takeaways A brief insight into COVID-19 insurance implications Business interruption and liability coverage This article is the first in a series of updates on the insurance issues and implications emerging from the COVID-19 pandemic. The Insurance Council of Australia (ICA) has declared COVID-19 an official insurance catastrophe. What is clear is that the consequences […]
Appeal softens the blow for defendant following fall from ‘aerial sling’
Key takeaways Important case for personal fitness instructors and other fitness operators. Harm reduction measures are important, even where no prior accidents have occurred. A Plaintiff must show a reasonably practicable precaution that could have been taken to avoid the risk of injury. Fitness instructors need to give clear instructions and insist on the use […]
AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy
Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]
Legal requirements for drone operation are set to widen – what do you need to know?
Key takeaways: A Drone is a Remotely Piloted Aircraft (RPA). Licensing requirements are complex and are due to change. You may require a Remote Pilot’s License (RePL) and a Remote Operator’s Certificate (ReOC). Accreditation by the regulator CASA is due later this year. Check the current regulations before you or your client operates a Drone. […]
What is a Drone? Who can own and operate one?
Key takeaways: A drone is a Remotely Piloted Aircraft (RPA) Anyone can own one Expanding number of uses, private and commercial Complex rules and regulations This is our second article, in a series of articles on drone use in Australia. The first article provided an overview of drone use and insurance cover. This article focuses […]