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Results: 1-10 of 87

High Court of Australia - Allen v Chadwick relying on the care and skill of an intoxicated driver: the lesser of two evils?
  • McInnes Wilson Lawyers
  • Australia
  • December 10 2015

The High Court of Australia has recently considered the extent to which a Plaintiff who willingly agreed to ride as a passenger in a


Don’t be hasty - duties and the common pitfalls for trustees and insurers
  • McInnes Wilson Lawyers
  • Australia
  • October 30 2015

As the number of claims for Income Protection (IP) and Total and Permanent Disablement (TPD) benefits rise, the duties owed to a life insured by


Disclosure of privileged legal advice relied upon in determining TPD claim
  • McInnes Wilson Lawyers
  • Australia
  • October 29 2015

In the recent decision of Allen v The Queensland Local Government Superannuation Board 2015 QDC 237 the Plaintiff sought disclosure of legal advice


Re-training and TPD
  • McInnes Wilson Lawyers
  • Australia
  • October 29 2015

In Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd2015 NSWCA 104 the New South Wales Court of Appeal was asked to


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