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Results: 1-10 of 83

Ward v Metlife - meaning of "Occupation"
  • McInnes Wilson Lawyers
  • Australia
  • April 12 2015

In the decision of Ward v MetLife Insurance Ltd 2014 WASCA 119, the Western Australia Court of Appeal overturned the decision of the District Court


Proper construction of section 54 of the Insurance Contracts Act - Maxwell v Highway Hauliers Pty Ltd 2014 HCA 33, 10 September 2014
  • McInnes Wilson Lawyers
  • Australia
  • September 29 2014

Highway Hauliers Pty Ltd (Insured) operated a fleet of trucks and trailers. The Insured entered into an insurance contract (policy) with certain


Fast food can damage more than your health
  • McInnes Wilson Lawyers
  • Australia
  • September 18 2014

In Murray v. Nominal Defendant 2014 QDC 144, Judge Farr of the Brisbane District Court considered the "proper search and inquiry" requirements


If a tree falls in forestis anybody liable?
  • McInnes Wilson Lawyers
  • Australia
  • September 18 2014

This case considered the circumstances in which representations made by one party to another could give rise to a duty of care. An employee of


Common interest privilege between insured and insurer
  • McInnes Wilson Lawyers
  • Australia
  • June 24 2014

Insurance lawyers generally treat correspondence with their insured and insurer clients as either subject to advice privilege or litigation privilege


Section 28 Insurance Contracts Act 1984 (Cth) and the importance of complete and proper disclosure on behalf of the insured
  • McInnes Wilson Lawyers
  • Australia
  • June 24 2014

Section 28 of the Insurance Contracts Act 1984 (the Act) limits remedies to insurers where an insured has failed to comply with the duty of


Injured mine worker receives $1.4m damages
  • McInnes Wilson Lawyers
  • Australia
  • June 10 2014

On 27 March 2014 North J of the Queensland Supreme Court awarded an injured mine worker $1,415,094.09 damages for injuries suffered during the


A win for principal contractors: another test of Stevens v Brodribb Saw Milling and Leighton Contractors v Fox
  • McInnes Wilson Lawyers
  • Australia
  • June 10 2014

In another of a string of recent New South Wales decisions testing the level of comfort afforded to principal contractors by the seminal High Court


Dangerous recreational activity defence upheld
  • McInnes Wilson Lawyers
  • Australia
  • June 10 2014

Perhaps to show that the dangerous recreational activity defence found in the Civil Liability Act is not a completely superfluous piece of


Jamieson v Westpac: assessment of damages
  • McInnes Wilson Lawyers
  • Australia
  • June 2 2014

Often the calculation of loss resulting from the negligence of advisers can be a difficult exercise. Initially accountants, financial advisers