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 […]
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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  NSWCA 69 (Gould), the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]
INSIGHT: Melbourne Insurance Principals recognised in Doyle’s Guide 2018
Meridian is delighted to announce that all of our Melbourne Insurance Principals have been recognised in the 2018 edition of Doyle’s Guide. This announcement follows the recognition of our Queensland, Western Australia and New South Wales teams earlier in the week. Meridian achieved a second tier ranking in the listings for Leading Victorian Defendant Medical Negligence and Malpractice […]
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. […]
INSIGHT: Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?
An expansion of claims for loss of earning capacity. The High Court of Australia has held that a superannuation pension can be included in the calculation of damages in a negligence action.  The 71 year old plaintiff, Mr Latz, was diagnosed with terminal malignant mesothelioma, in October 2016. He issued proceedings against Amaca Pty […]
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, […]
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: 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 […]
INSIGHT: Medication Misadventure – Methotrexate: A reminder to pharmacists to exercise independent judgment about the safety of a prescribed medicine.
This article was originally published as a PDL Practice Alert. It was written by Scott Ames, Principal and PDL Professional Officers, John Guy and Gary West. A recent inquest into the death of an elderly patient in Victoria  has put a spotlight on a pharmacist’s duty to exercise independent judgement when dispensing medication. Background On 29 […]
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)  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 […]
INSIGHT: Duty of disclosure: yesterday’s hero?
The duty of disclosure needs to be reconciled with the new ways insurers are collecting and processing policyholder information The duty of disclosure has long been a cornerstone of insurance. Although, law reforms over the past 30 years have made the duty fairer for policyholders, it remains at the heart of the insurance transaction – […]