Insights

All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions

QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a reasonable precautions condition if they show they did not recognise that a danger existed or that, recognising the existence of a danger, they took action they considered to be adequate to avoid it and were […]

Help, my employer is suing me for negligence!

Beri Distributors Pty Ltd v Mossensons Pty Ltd [2022] WADC 30 Key takeaways Professionals are liable to repay fees to their clients in full where the work is of no value at all to the client. Employers are unlikely to be able to recover lost fees from their employees particularly where there is a duty […]