Insights Types: Case Note

Feb 11, 2025

INSIGHT: Personal Injury from Bus Accidents: The complex interaction between the Motor Accident Injuries Act 2017 (NSW) and Motor Accident Compensation Act 1999 (NSW)

McTye v Ching Yu Chang by his tutor Leo Alexander Birch [2025] NSWCA 3 Key Principles A claim for damages…

Dec 11, 2024

INSIGHT: The legal duty under section 7.26(5) of the Motor Accident Injuries Act 2017 (NSW)

Insurance Australia Limited t/as NRMA Insurance v Momand [2024] NSWSC 1529 Key takeaways When considering an application for the review…

Nov 15, 2024

INSIGHT: High Court confirms that vicarious liability is confined to employment relationships

Bird v DP (a pseudonym) [2024] HCA 41 In a much anticipated judgment, the High Court has refused to expand…

Nov 14, 2024

INSIGHT: The High Court of Australia overturns permanent stay of proceedings in historical child abuse case of Willmot

Willmot v The State of Queensland [2024] HCA 42 On 13 November 2024, the High Court of Australia published its…

Oct 22, 2024

INSIGHT: ‘Abuse Settlement Agreement’ set aside in ACT for first time following amendments to the Civil Law (Wrongs) Act 2002 (ACT)

Walsh (a pseudonym) v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn [2024] ACTSC 81…

Oct 16, 2024

INSIGHT: When can public authorities rely on s 43A of the Civil Liability Act 2002?

Transport for NSW v Hunt Leather Pty Ltd; Hunt Leather Pty Ltd v Transport for NSW [2024] NSWCA 227 Key…

Oct 16, 2024

INSIGHT: What is a proper purpose to have a plaintiff submit to a further medical assessment?

Corke v Shopping Centres Australasia Property Group Re Limited trading as Cabarita Beach Shopping Centre [2024] NSWSC 1019 Key themes…

Oct 8, 2024

INSIGHT: Supreme Court decides skin lacerations are Non-Threshold Injuries under MAIA

Allianz Australia Insurance Limited v The Estate of the Late Summer Abawi [2024] NSWSC 1245 Supreme Court of New South…

Sep 5, 2024

INSIGHT: Delays and Disrupted Sleep: The Role of Pain Related Sleep Disruptions When Assessing Permanent Impairment, and delays in PIC Medical Assessments

Bucca v QBE Insurance (Australia) Ltd [2024] NSWSC 1099 Introduction In Bucca v QBE Insurance (Australia) Ltd, Acting Justice Basten…

Aug 23, 2024

INSIGHT: What can a recent case tell us about proceedings and the “Policy Defence” in the ACT?

Hartfield v Calvary Healthcare ACT Ltd (No 3) [2024] ACTSC 137 Key takeaways Evidence that is provided ‘late in the…

Aug 13, 2024

INSIGHT: Can biomechanical reports and questionable credit influence court decisions?

Marhaba v Chen [2024] ACTSC 241 Key takeaways Using expert evidence from a biomechanical engineer, coupled with alleging that a…

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