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Results: 1-10 of 26

NSW Supreme Court gives important guidance about damages in wrongful birth claims

  • Clayton Utz
  • -
  • Australia
  • -
  • May 10 2013

The NSW Supreme Court's keenly anticipated decision in Waller v James 2013 NSWSC 497 has given some useful guidance about several damages issues in

What is an 'intentional act'?

  • Norton Rose Australia
  • -
  • 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

PI claim(s) by a financial planner, aggregation, broker’s negligence and loss of a chance in one

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • June 27 2011

Prosperity Advisers Ltd v Secure Enterprises Pty Ltd TAs Strathearn Insurance Brokers Pty Ltd 2011 NSWSC 35 illustrates aggregation issues in a professional indemnity claim by a financial planner, and how the relevant facts and precise words of the policy are always determinative of whether claims may be aggregated so a single deductible (rather than multiple deductibles) applies

Negligent valuations and the inadmissibility of hindsight evidence

  • Hall & Wilcox
  • -
  • Australia
  • -
  • April 13 2012

A recent judgment of a full bench of the Federal Court reinforces the principle that in assessing allegations that a valuer has provided negligent advice and engaged in misleading and deceptive conduct, the evidence of expert valuers in making an assessment of other valuers’ advice will be inadmissible to the extent that they consider comparable sales after the date of the impugned valuation

Surgeon’s duty to warn limited

  • Norton Rose LLP
  • -
  • Australia
  • -
  • April 6 2010

The Western Australia Court of Appeal recently placed limits on a surgeon's duty to warn of the potential consequences of surgery

The high price of providing unnecessary medical treatment - Dean v Phung 2012 NSWCA 223

  • Barry.Nilsson. Lawyers
  • -
  • Australia
  • -
  • October 11 2012

The New South Wales Court of Appeal recently considered one set of circumstances that took the assessment of damages for a personal injuries claim arising out of medical treatment outside the scope of the Civil Liability Act 2002 (NSW) (the Act

Capacity negligence and advocate immunity

  • Norton Rose Australia
  • -
  • Australia
  • -
  • June 8 2012

On 14 March 2012, Justice Bell of the Victorian Supreme Court handed down his judgment in Goddard Elliott (a firm) v Paul Fritsch 2012 VSC 87, a proceeding issued by a law firm, Goddard Elliott, against its former client, Paul Fritsch

Idamaneo v Gross - how effective are indemnity clauses in doctor's contracts?

  • Barry.Nilsson. Lawyers
  • -
  • Australia
  • -
  • April 4 2013

The judgement of the NSW Court of Appeal in Idameneo v Gross1 dealt with some tricky contractual issues that can arise out of the now common

Loss of a chance: Gett v Tabet

  • Piper Alderman
  • -
  • Australia
  • -
  • July 29 2010

In April 2010, the High Court of Australia upheld the NSW Court of Appeal decision affirming that the common law in Australia should not be modified to allow an award for damages for loss of a chance of a better medical outcome where the defendant's act or omission has deprived the injured party only of the possibility, but not the probability, of the better medical outcome

High Court rules out damages for loss of a chance

  • Norton Rose LLP
  • -
  • Australia
  • -
  • April 27 2010

On 21 April 2009 the High Court handed down its judgment in Tabet v Gett

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