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Insurance & Risk publications
25-11-11 |
"MAAS Limited" - Allianz v Girgis and Ors [2011]
On 25 November 2011 Judge Adams in the Administrative Division of the Supreme Court of NSW ruled in the matter of Allianz v Girgis and Ors.
On 25 November 2011 Judge Adams in the Administrative Division of the Supreme Court of NSW ruled in the matter of Allianz v Girgis and Ors.
21-11-11 |
Entitlement to damages for future paid services
For some time now, Queensland employers have rested easy knowing the entitlement to common law damages for future paid services and care is drastically curtailed by ss308C and 308E of the Workers? Compensation and Rehabilitation Act 2003 (Qld) (Act).
For some time now, Queensland employers have rested easy knowing the entitlement to common law damages for future paid services and care is drastically curtailed by ss308C and 308E of the Workers? Compensation and Rehabilitation Act 2003 (Qld) (Act).
21-11-11 |
The Evidence Act and admissibility of expert evidence
All parties to litigation are familiar with engaging an expert to provide an opinion to clarify issues of liability and quantum. Expert evidence is given greater scope to express an opinion as long as the witness has specialised knowledge through education or training and the opinion given is based on that knowledge.
All parties to litigation are familiar with engaging an expert to provide an opinion to clarify issues of liability and quantum. Expert evidence is given greater scope to express an opinion as long as the witness has specialised knowledge through education or training and the opinion given is based on that knowledge.
21-11-11 |
Witness immunity comes under pressure
The doctrine of witness immunity is ?alive and well in Australian law?, despite its recent erosion in the United Kingdom in Jones v Kaney [2011] UKSC 13.
The doctrine of witness immunity is ?alive and well in Australian law?, despite its recent erosion in the United Kingdom in Jones v Kaney [2011] UKSC 13.
21-09-11 |
Hindsight not relevant to assessment of risks
The recent judgment of the Queensland Court of Appeal in Lusk & Anor v Sapwell [2011] QCA 59 provides fresh guidance on the consideration of reasonableness of actions taken by an employer concerning the magnitude and gravity of a particular risk.
The recent judgment of the Queensland Court of Appeal in Lusk & Anor v Sapwell [2011] QCA 59 provides fresh guidance on the consideration of reasonableness of actions taken by an employer concerning the magnitude and gravity of a particular risk.
21-09-11 |
Service on a claimant's solicitor isn't good enough under MAC Act
In Davis v Moss, the NSW District Court recently found a CTP insurer must serve a section 110 notice on the claimant directly, not the claimant?s solicitor, or the notice may be defective.
In Davis v Moss, the NSW District Court recently found a CTP insurer must serve a section 110 notice on the claimant directly, not the claimant?s solicitor, or the notice may be defective.