Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric injury to a policeman acting in the course of the performance of his duties who may be required to respond to an accident caused by their driving and who may witness the suffering and/or death […]
Insights Categories: General Liability
- Commercial Litigation & Dispute Resolution
- Corporate & Commercial
- Workplace Relations & Safety
- Financial Services
- Fitness & Sport
INSIGHT: Case note: Your Onus or Mine?
Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski Facts Mr Gulic was injured in a motor vehicle accident (MVA) in 2004. In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]
INSIGHT: 70 years in the making: the Civil Liability (Third Party Claims Against Insurers) Act 2017
Since 1946 Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (‘Section 6’) has been the main vehicle through which claimants in New South Wales have gained direct access to the liability insurance policies of other persons. However, Section 6 has long been the subject of criticism from the bench, bar table and solicitors […]
INSIGHT: When is a duty of care owed in mental harm claims?
Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright  NSWCA 21: Facts: Glenn Wright (the ‘plaintiff’) claimed damages for psychological injury as a result of an attempt by Nathaniel George to murder him by throwing him from a roof balcony. The plaintiff sued Optus as the occupier of the premises […]
INSIGHT: Drones – friend or foe for underwriters?
There is good news and bad news about drones, as they become increasingly popular, says Peter Axelrod, Special Counsel at Meridian Lawyers, in Brisbane. He told an AILA Qld function late last year that drones would become smarter and more capable. “Just like iPhones, they will have more features, more autonomy and more performance.” He […]