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Results: 1-10 of 204

Informal system of cleaning satisfactory a win for the defendant

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 22 2013

Judgment in the matter of Ryland v QBE Insurance (Australia) Limited 2013 NSWCA 120 was handed down on 3 May 2013. The Plaintiff in this matter

Section 54 is in for the long haul

  • Clyde & Co LLP
  • -
  • Australia
  • -
  • May 16 2013

Matthew Maxwell v Highway Hauliers Pty Ltd 2013 WASCA 115 is an appeal from a decision by the Supreme Court of Western Australia which held that

Broad interpretation of s.54 survives challenge

  • Gadens Lawyers
  • -
  • Australia
  • -
  • May 13 2013

The Western Australian Court of Appeal has upheld the broad application of section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) adopted at

Proportionate liability

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 6 2013

The High Court has finally considered the issue of proportionate liability and how the relatively untested mechanisms of this new regime imposed by

High Court delivers its first decision on proportionate liability

  • Barry.Nilsson. Lawyers
  • -
  • Australia
  • -
  • April 30 2013

The High Court has delivered its first judgement on proportionate liability. The judgment is generally good news for insurers as it takes a broad

Prior sprain causes insurance pain

  • Gadens Lawyers
  • -
  • Australia
  • -
  • April 29 2013

Mr Preston (plaintiff) held a sickness and accident insurance policy with AIA Australia Limited (defendant), with a period of cover from

Broker’s negligence no liability without loss

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • April 26 2013

Four recent decisions of the Queensland and New South Wales Supreme Courts have examined the duties imposed upon insurance brokers and the issues

'Less than truthful' witness renders evidence irrelevant and loses insurance claim for allegedly stolen car

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • April 19 2013

A recent judgment of the NSW Supreme Court upheld the decision of a local court magistrate to disregard a party’s evidence, where the party’s overall

Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

  • Herbert Geer
  • -
  • Australia
  • -
  • April 18 2013

There is a prohibition against misleading or deceptive conduct in trade or commerce under section 18 of the Australian Consumer Law (ACL) (the

Recovery of insurer's claim costs against an intoxicated driver under Section 58 of the Motor Accident Insurance Act 1994: a partial error does not destroy all recovery rights

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • April 3 2013

The Queensland Court of Appeal has recently confirmed that Queensland compulsory third party (CTP) insurers can recover costs under section 58 of the