Archive: August 2015
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Reminder: Interpret the interaction of policy provisions, not each provision in isolation
Legal Directions
September 18, 2013
The New South Wales Court of Appeal recently found that a claim for indemnity was subject to a large excess even…
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‘Arising out of or in the course of employment’ revisited
Pioneer Studios Pty Ltd v Hills [2015] NSWCA 222 (4 August 2015) The recent NSW Court of Appeal decision of Pioneer…
Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250
The decision of the NSW Court of Appeal in Cram Fluid clarifies the operation of the 2012 amendments with respect to…
High Court to reconsider application of advocate’s immunity to negligently advised settlements: special leave granted in Attwells & Anor v Jackson Lalic Lawyers Pty Limited
On 7 August 2015 the High Court granted special leave to the plaintiffs in the Attwells proceeding. The High Court’s reconsideration…
Liability for a dangerous recreational activity – negligence not excluded by a signed contractual waiver
Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 The quad biking injury The plaintiff, who was two days…
AAI Limited v Fitzpatrick [2015] NSWSC 1108
On 10 August 2015, the Supreme Court of NSW upheld an insurer’s challenge to a MAS Assessor’s determination that a claimant…
AAI Limited v Ali [2015] NSWSC 1068
Background The plaintiff, AAI, applied for judicial review of a MAS Assessment performed by Assessor Cameron, and also the decision of…