12 MONTHS ON, HAYNE ROYAL COMMISSION DRAFT LEGISLATION SET TO CHANGE LIFE INSURANCE POLICIES

Draft legislation has recently been released to implement the recommendations of the Royal Commission relating to changing – for most new…

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Legal Directions

A DIRECT CLAIM AGAINST AN INSURER OF A DEREGISTERED TORTFEASOR IS NOT AVAILABLE IN A CROSS-CLAIM

Amaca Pty Limited v AAI Limited (Re: Simpson) [2019] NSWDDT 11 Introduction This judgment considers the application of ss4 and 5…

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Legal Directions

MOTOR VEHICLE ACCIDENT – CAUSATION – CREDIBILITY

Mtsambiwa v Zagari [2019] WADC 154 (a decision of O’Neill DCJ) Background The accident The plaintiff was involved in a motor…

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Motor Vehicle Directions

THE END OF UNCERTAINTY – INCLUDING OVERTIME IN THE POST-13 WEEK CALCULATION OF WEEKLY PAYMENTS

In BGC (Australia) Pty Ltd v Machali [2019] WASCA 121 (Machali), the Court of Appeal considered whether overtime payments are included…

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Legal Directions

OFFERS OF COMPROMISE – PRINCIPLES FOR THE AWARDING OF INDEMNITY COSTS

Peters Properties Maddington Pty Ltd v Keen [2019] WASC 138 (S) Background During the course of proceedings, the Plaintiff made two…

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Legal Directions

INSURER’S RESPONSIBILITIES WHEN DETERMINING TPD CLAIMS

MetLife Insurance Limited v MX [2019] NSWCA 228 This is a decision by the NSW Court of Appeal of 16 September…

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Legal Directions

CLAIMING A REPLACEMENT HIRE CAR: NEED OR PREFERENCE?

The NSW Supreme Court recently handed down decisions in three matters heard concurrently. The question common to each case was the principles…

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Legal Directions

AMACA FOUND LIABLE FOR IN SITU ASBESTOS PRODUCTS AND LARGE EXEMPLARY DAMAGES

Werfel v Amaca Pty Limited v The State of South Australia (South Australian Employment Tribunal 6 August 2019) Background The plaintiff, a 42…

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Legal Directions