Newsletters
Insurance Contracts Act Amendment Bill introduced 18th March 2010
The long awaited amendments to the Insurance Contracts Act have been tabled in parliament. We have summarised the key changes in the attached newsletter. Download this Article in PDF format
Leighton Contractors Pty Ltd v Fox
The High Court decision in Leighton Contractors Pty Ltd v Fox, Calliden Insurance Limited v Fox (Leighton) was handed down on 2 September 2009.
The decision is important in clarifying both the role and responsibility of a principal/head-contractor on a building site.
More importantly, the court also confirmed the existing law surrounding the engagement of an independent contractor, and the principle that someone engaging an independent contractor will not generally be vicariously liable for the contractor’s negligence.
Download this Article in PDF format
Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 (2 September 2009)
Download this Article in PDF format
London Market Seminar - Aussie Law Update - Update November 2008
London Market Seminar - Aussie Law Update - Update November 2008
Download this Article in PDF format
Health Law Update - October 08
BreastScreen held negligent to woman for failure to further investigate mass
O’Gorman v Sydney West Area Health Service Judgment dated 29 October 2008
Download this Article in PDF format
Insurance Law Update - September 2008
Liability Update
Section 23.4 UCPR – Power of the Court to Order Medical Examination:
Plaintiff Ordered to Undertake Drug Testing in Civil Proceedings to Ensure a Fair Trial
Rowlands v The State of NSW & Ors
Interlocutory decision of Robison DCJ (Unreported, 27 June 2008)
Download this Article in PDF format
Insurance Law Update - Policy Interpretation August 2008
Policy Interpretation
Looking at the document as a whole
Supreme Court of Victoria Court of Appeal
Allstate Exploration NL v QBE Insurance (Australia) Limited (2008) VS CA 148 (21 August 2008)
Download this Article in PDF format
Insurance Law Update - Professional Insurance Liability July 2008
Professional Insurance Liability
Known circumstances exclusion
CGU v Porthouse HCA 30 July 2008.
Download this Article in PDF format
Rowlands v State of NSW [2009] NSWCA 136
This decision off the Court of Appeal concerns an appeal against orders made in an interlocutory application in the District Court of NSW.
The decision is signficant as it interprets the meaning of "medical examination" pursuant to rule 23.4(1) of the UCPR to include the provision of blood, urine and hair samples for examinationi by a pathologist.
Download this Article in PDF format