Insurance eBulletin - 15 May 2012
Where a plaintiff suffers a pre-existing condition, they need only prove that the injury caused by the defendant's negligence was a cause of their incapacity. The onus then shifts to the defendant to disentangle the pre and post negligence injuries in order for damages referable to the defendant's negligence to be assessed. Read full article...

Insurance eBulletin - 14 May 2012
The High Court has ruled that seven former James Hardie directors and the company's general counsel breached the Corporations Act 2001, following the release of a misleading statement to the ASX about the company's asbestos compensation fund.  The finding has highlighted a trend towards holding company directors and officers accountable for the actions of a company, and confirmed that corporate counsel may be an "officer" within the meaning of the Act. Read full article...

Insurance eBulletin - 16 March 2012
The High Court has overturned a decision of the New South Wales Court of Appeal in favour of an occupier in a slipping case. The case involved the age old issue of establishing a causal connection between the absence of an adequate system of cleaning and inspection and a plaintiff's injury. Read full article...

Insurance eBulletin - 20 February 2012
Where parties to a claim for damages for personal injury to which the Wrongs Act 1958 (Vic) (Act) applies cannot agree that the claimant's level of impairment satisfies the requisite threshold for the recovery of general damages, the task is left to the Medical Panel. Its powers are governed by Part VBA of the Act and its decisions are subject to judicial review. Read full article...

Insurance eBulletin – 11 January 2012
In late December 2011, a Full Bench of the New South Wales Court of Appeal provided further clarity into the application of the proportionate liability regime in NSW. The decision emphasises the importance of analysing the "damage" which is the subject of an apportionable claim and ensuring that alleged concurrent wrongdoers are also liable to the claimant for that same damage. Read full article...

Insurance eBulletin - 28 November 2011
A Bill has been introduced into Federal Parliament which seeks to amend the Insurance Contracts Act 1984 (Cth). It aims to create a legislative framework for prescribing a standard definition of flood in certain contracts of insurance and to provide a Key Facts Sheet to insureds. Read full article...

Insurance eBulletin - 26 October 2011
The Victorian Supreme Court has recently found that a credit risk insurance policy was in place despite the absence of a written policy document and fact that no premium was ever levied or paid. Read full article...

Commercial Disputes eBulletin - 17 October 2011
Marking-up documents during negotiations may not be sufficient notice of changes made to commercial documents. Courts may set aside a critical term which has not been brought to a party's attention. Read full article...

Insurance eBulletin - 28 September 2011
Comments are sought on a set of model provisions which the Standing Committee of Attorneys General proposes be adopted by all Australian jurisdictions to reform existing proportionate liability legislation. Read full article...

Insurance eBulletin - 6 September 2011
On 1 September 2011 Justice Judd dealt a stunning blow to Timbercorp investors, and potentially to investors involved in other managed investment scheme group proceedings, finding for the defendants in Woodcroft-Brown v Timbercorp Securities Ltd & Ors. Read full article...