Insights Categories: Insurance

Aug 21, 2019

INSIGHT: Case Note: Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141

A cautionary tale: The risks of failing to test a witness’ evidence before trial, and the benefits of requesting a plaintiff commit to a version of events at the outset of a claim Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141 is a decision recently delivered by Her Honour Judge Vicki […]

Jun 25, 2019

INSIGHT: How medical practitioners can manage negative online reviews

Patients are increasingly using social media to post anonymous reviews and ratings about medical services they have received, both good and bad. Thankfully, most are positive. However, a critical review can be distressing for the practitioner and has the potential to damage reputation despite a bad review being just a scintilla of evidence as to […]

Feb 12, 2019

INSIGHT: Case Note: Caffrey v AAI Limited [2019] QSC 7

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 […]

Feb 12, 2019

INSIGHT: Is the ‘irrational’ exception feasible?

The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

Oct 10, 2018

INSIGHT: Professional Opinions – how much weight do they carry?

Hopes of helpful review of the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) were dashed, as special leave to appeal was denied by the High Court of Australia (HCA) from a NSW Court of Appeal (NSWCA) medical malpractice case.[1] […]

Aug 24, 2018

INSIGHT: Video: Negligence in relation to asbestos-contaminated waste

Principal Robert Crittenden and Dominic Priestley SC discuss the recent New South Wales Supreme Court decision (Ball J) in Bettergrow Pty Limited v TransGrid (No 2). Produced by BenchTV, this video explores some of the key facts and findings of the case, bringing to light an important discussion about the duty of care requirement. In particular, […]

Aug 16, 2018

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[1] 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 […]

Aug 3, 2018

INSIGHT: Unfair Contract Terms: Not if but how

Debate as to whether Australia’s unfair contract terms laws (UCT laws) should be extended to insurance contracts has raged periodically since the UCT laws were introduced. In December 2017 the Government announced that it would extend the UCT laws to insurance. In June 2018 Treasury released a Proposals Paper outlining its proposed model. On 24 […]

Jul 18, 2018

INSIGHT: The duty of care requirement – not to be taken for granted

Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514[i] The recent New South Wales Supreme Court decision (Ball J) in Bettergrow v TransGrid (No 2) provides useful guidance on how the established elements of negligence should be applied in […]

May 31, 2018

INSIGHT: Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]

May 2, 2018

INSIGHT: Shifting landscape – Insurance law firms are experiencing unprecedented change as the sector evolves

Published in insuranceNEWS April/May 2018. As has been widely reported, insurer margins are under pressure as a result of increased competition, the availability of excess capacity, and low investment returns. But what is less often considered is the knock-on effect on service providers such as insurance law firms. Insurers cannot absorb increased charge-out rates, and […]

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