What is an 'intentional act'? *

Australia - January 15 2013
In a recent decision of the New South Wales Court of Appeal, Dean v Phung [2010] NSWCA 223, the Court considered the circumstances in which exemplary…

Co-authors: Kate Benjamin.

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Loss adjuster’s reports declared privileged *

Australia - September 11 2012
In the case of Ensham Resources Pty Ltd v AIOI Insurance Company Limited [2012] FCA 710 the Federal Court of Australia upheld an insurer’s claim of legal professional privilege over a loss adjuster’s reports irrespective of their being prepared several years before litigation was commenced.

Co-authors: Ross Whalebelly.

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Considering the probabilities *

Australia - June 8 2012
In the recent decision of Strong v Woolworths Ltd [2012] 285 ALR 420, the High Court of Australia revisited the issue of causation in slip and fall cases where there is limited factual evidence available, and considered the inferences that can be made from those evidentiary gaps.

Co-authors: Kate Benjamin.

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Original policy documents critical *

Australia - June 8 2012
In December 1999, Davinder Dother and his wife Julie purchased a life insurance policy from Lumley.

Co-authors: Amanda Underwood.

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Life: fraud doesn’t pay *

Australia - March 13 2012
Summary.

Co-authors: Kate Benjamin.

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