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A change of heart on indemnity | a landmark High Court decision for insurers

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 Key takeaways The High Court has provided…

Collaborative arrangements between medical practitioners and eligible nurse practitioners and eligible midwives

The Health Insurance Act 1973 and the Health Insurance Regulations 2018 (Regulations) permit eligible midwives and eligible nurse practitioners to…

Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action

SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims…

Pursuing personal advantage: an age old story

Hakea Holdings Pty Ltd v McGrath (No 2) [2022] FCA 995 This case considers the liability of directors who pursue…

Agreement to mediate… are you certain?

Metropolitan Health Service v Sturm [2022] WASC 316 Key takeaways A contractual dispute resolution clause may be unenforceable for uncertainty…

Regulation of Education and Care Providers: the Department of Communities in WA takes a stricter approach to compliance actions

Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in…

All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions

QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a…

Keeping an eye out: taking reasonable precautions to prevent a risk of harm materialising

Sidhoum v Minister for Education [2022] WADC 35 Key takeaways A school’s non-delegable duty of care extends to prevent students…

Gravel is slippery – isn’t that obvious?

Gladstone v Public Transport Authority of Western Australia [2022] WADC 6 Key takeaways A reasonable person in the position of…

Mind your Ps and safety first!

Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated:…

The importance of health practitioners’ compliance with public health policies and directions

Brief Context In Nursing and Midwifery Board of Australia v Bergin [2022] VR 4, a registered nurse (Practitioner) was found…

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