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 […]
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INSIGHT: Case Note: Caffrey v AAI Limited  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 […]
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: 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: 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: 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: Sparks v Hobson; Gray v Hobson  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 […]
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 […]
INSIGHT: Insurance Broker Remuneration – 5 Legal Considerations
1. Commission Documentation Brokers should ensure that all commission, remuneration and financial benefit arrangements with insurers is appropriately documented to include: review process dispute process for conflict about remuneration post – termination payments detail of each component of remuneration such as contingent remuneration, monetary or non-monetary benefits, profit share commission, volume bonuses, or any […]