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

No freedom of political communication for ‘apolitical’ public service: High Court

Comcare v Banerji [2019] HCA 23 In the case of Comcare v Banerji [2019] HCA 23, the High Court of Australia…

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Legal Directions

WHEN IS A CTP INSURER PERMITTED TO ARGUE THAT IT HAS NO OBLIGATION TO INDEMNIFY A DEFENDANT?

Insurance Australia Limited v Dent [2019] NSWCA 134 On 7 June 2019, the NSW Court of Appeal handed down its decision…

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Motor Vehicle Directions

CAUTION REGARDING EXPERT OPINIONS ON VISUAL PERCEPTION

Hawkesbury Sports Council v Martin [2019] NSWCA 76 Background The respondent, Ms Apaula Martin, sought damages in negligence against Hawkesbury City…

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Legal Directions