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Insights: General Liability

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Tree root damage and private nuisance: Council avoids liability in NSW

Vasiliki Stratiotis v Georges River Council [2026] NSWDC 142 Key takeaways Plaintiffs must establish foreseeability, knowledge and subsequent damage to…

No Diagnosis, No Dispute: Insufficient Evidence Bars PIC Referral

Kewin v AAI Ltd t/as GIO Insurance [2026] NSWCA 86 Key takeaways A psychiatric threshold injury dispute application to the…

The Limits of External Review

Fernando v Insurance Australia Ltd t/as NRMA (Motor Accident Injuries) [2026] ACAT 16 Meridian Lawyers acted for NRMA in the…

Is it time for a new era? The rising cost of psychological injury and nervous shock claims

Psychological injury and third party nervous shock claims are increasingly featuring in medical negligence and personal injury matters and Meridian…

No Shortcut to 10%: ACT Supreme Court Confirms WPI Assessment Gateway for Common Law Claims

Stewart v Kirk [2026] ACTSC 33   Key Takeaways The 10% WPI threshold under s 239(1)(a) of the Motor Accident…

Institutional Liability Expanded: High Court of Australia Ends Lepore Defence in Abuse Claims

AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 Key takeaways The…

Forever Chemicals and Australian Consumer Product Liability – What’s next?

PFAS (Per-and poly fluoroalkyl substances), nicknamed ‘forever chemicals’ are comprised of more than 14000 synthetic chemicals. Usage extends from non-stick…

Nuisance Liability Under the Civil Liability Act 2002 (NSW)

The Owners – Strata Plan No 16460 v Hunter Water Corporation [2025] NSWSC 1029 Key takeaways Sections 42 and 43A…

Insurance claims trends in the Australian market 2025

In 2025, premium prices in the Australian insurance market are being impacted by extreme weather events, notably flooding, inflation, labour…

Defining the boundaries of a motor accident

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 Key takeaways A medical Review Panel constituted under the Motor Accidents…

ACT Civil and Administrative Tribunal reinforces the importance of evidence-based medicine in treatment approval decisions

Ahmad v Insurance Australia Ltd T/As NRMA [2025] ACAT 11 In this recent decision of the ACT Civil and Administrative…

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