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What actions will constitute the 'driving' of a motor vehicle?

Australia - June 8 2017 The concept of 'driving' has been considered in a number of previous cases from the various CTP jurisdictions throughout Australia. The High…

WA District Court finds the defendant insurer is liable to indemnify the deregistered insured company and awards over $1.6M in damages to the plaintiffs

Australia - May 2 2017 WA District Court finds that general condition in policy was not breached and exclusion clauses do not apply such that the policy covered the…

Court of Appeal orders a re-trial regarding whether an unidentified motor vehicle caused the accident

Australia - March 31 2017 In this successful appeal by the Nominal Defendant, contemporaneous evidence regarding the circumstances of the accident were not considered as a…

Just Horsing Around - the rule in Searle v Wallbank

Australia - March 31 2017 A collision between a motor vehicle and livestock on a remote road is an all too frequent occurrence in rural and outback Australia. At common law…

NSWCA rules on liability evidence and contributory negligence in blameless motor accident case

Australia - March 15 2017 NSW Court of Appeal upholds finding that plaintiff’s injuries were caused by being struck by an unidentified motor vehicle but that he was guilty of…