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The Court or the Doctor - Who determines causation of injury?
  • McInnes Wilson Lawyers
  • Australia
  • February 17 2017

The third respondent alleged physical and psychological injuries as a result of a motor vehicle accident on 5 July 2009. A dispute arose in relation

Warranty and Indemnity policies do not include SSA
  • Clyde & Co LLP
  • Australia
  • February 16 2017

The decision focused primarily on the correct interpretation of specific terms of the relevant Share Sale Agreement (SSA) which determined liability

Non-Disclosure & Misrepresentation under the Insurance Contracts Act 1984 (Cth)
  • Barry.Nilsson. Lawyers
  • Australia
  • February 6 2017

Whether an insured had misrepresented andor failed to disclose to an insurer that its professional services encompassed directors and officers

Proposed NSW legislation to abolish statutory charge and clarify policyholder’s right to defence costs
  • Herbert Smith Freehills LLP
  • Australia
  • February 6 2017

Current legislation in NSW, which is mirrored in the ACT and NT, allows a third party claimant to obtain a statutory charge over the proceeds of a

Litigation funders and contingency fees under the spotlight in Victoria
  • DLA Piper LLP
  • Australia
  • January 18 2017

On Monday, it was announced that the Victorian Attorney-General, the Hon Martin Pakula MP, has asked the Victorian Law Reform Commission (VLRC) to

The end of the “charge”? NSW Law Reform Commission Report on third party access to insurance proceeds in litigation
  • King & Wood Mallesons
  • Australia
  • January 12 2017

On 19 December 2016, the New South Wales Law Reform Commission report titled "Report 143 - Third party claims on insurance money" (Report

Case update: Thorn v Kelly 2016 NSWSC 1748 (9 December 2016)
  • Hall & Wilcox
  • Australia
  • January 11 2017

Mr Ross Monteleone suffered injuries in a work related incident on 15 March 2014 during his employment with William Andrew, William Richard, and

Australia Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • Australia
  • January 5 2017

From 1 January, a new MAAL (broadly based on the first limb of the United Kingdom's Diverted Profits Tax) applies to 'significant global entities' to

Section 279 ‘fishing expeditions’ curtailed
  • Cooper Grace Ward
  • Australia
  • December 22 2016

In a recent decision, the Queensland Court of Appeal has upheld a narrow interpretation of section 279 of the Workers’ Compensation and

“Other insurance” clauses revisited
  • Clyde & Co LLP
  • Australia
  • December 20 2016

The New South Wales Court of Appeal has affirmed the decision of the Supreme Court of NSW in Lambert Leasing Inc. v QBE Insurance Ltd 2015 NSWSC