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Non-compliance with Section 302(2) WCRA. Is this sudden death?

Cooper Grace Ward
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Australia
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March 20 2013

This recent case provides a definitive answer to a question that has arisen numerous times in practice, but has never been answered judicially: Does

Indemnity costs and judicial discretion: don't let rejection of a genuine Calderbank offer backfire on you

Cooper Grace Ward
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Australia
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December 21 2012

In the recent Supreme Court case of Mansi v O’Connor, Giovanno Mansi risked it all when he rejected what turned out to be a very generous offer of compensation for personal injuries he sustained in the accident

Six year personal injury limitation period confirmed

McInnes Wilson Lawyers
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Australia
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October 29 2012

In our October 2011 Insurance Update, we alerted you to the Queensland District Court decision of Norris v Daniel & Ors, which involved a claimant being granted a 3 year extension to the usual 3 year limitation period applying to personal injuries claims

Nominal defendant’s right to “set-off” damages: Murison & anor v Nominal Defendant 2012 QSC 221

McInnes Wilson Lawyers
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Australia
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October 18 2012

Pursuant to the Motor Accident Insurance Act 1994 (Qld) (MAIA), damages for personal injuries or death are recoverable from the Nominal Defendant (the ND) if the vehicle at fault is uninsured

Nothing lost, plenty gained

Hall & Wilcox
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Australia
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March 20 2012

The plaintiff’s vehicle sustained damage totalling $29,091.67 as a result of the defendant’s negligent driving, and brought a proceeding in the Magistrates’ Court for that amount

Claiming legal professional privilege for loss adjuster reports

McInnes Wilson Lawyers
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Australia
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March 12 2012

Often in cases involving property damage, insurers will engage a loss adjuster to provide a report on the cause of the damage

Lifetime care and support scheme participants - the complex nature of claims for gratuitous services

Hunt & Hunt
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Australia
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December 12 2011

The matter was last before the Court on 9 December 2011

Six year personal injury limitation period?

McInnes Wilson Lawyers
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Australia
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October 11 2011

A claimant has been granted leave to proceed with her personal injuries claim despite the usual 3 year limitation period applying to her claim having expired more than 3 years previously

High Court reaffirms personal responsibility in intoxication cases

Norton Rose LLP
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Australia
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April 6 2010

The High Court has recently confirmed the Cole principle, that intoxicated people are legally responsible for their actions, applies equally to wrongful death claims arising from intoxication