The NSW Court of Appeal has handed down its decision in Walker Group Constructions v Tzaneros Investments [2017] NSWCA 27. The plaintiff claimed damages from Walker Group Constructions alleging defective concrete paving. Once the pavement was laid, cracks began to develop, and as a result, some concrete slabs had to be repaired.  Sometime later the plaintiff carried out further rectification whereby old slabs were replaced with reinforced concrete slabs. That cost was claimed from the defendant. The defendants argued that the rectification works undertaken by the plaintiff would result in betterment.

The Supreme Court of New South Wales in the matter of Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 912 looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.

The Full Court of the Australian Capital Territory in Allianz Australia Insurance Ltd v Smeaton [2016] ACTCA 59 have provided further clarity of the applicability of Section 54 of the Insurance Contracts Act 1974 (Cth) (ICA).

Summary

The Full Court of the Federal Court dismissed an appeal concerning a claim for contribution between insurers where the second policy would only respond to the underlying claim if section 54 of the Insurance Contracts Act 1984 (Cth)(‘ICA’) was engaged.

The Full Federal Court has provided some further clarification regarding the operation of section 54 and confirmed that section 54 is available to an insurer seeking contribution from another insurer.

When does the limitation period to claim on a policy of insurance commence? The short answer is 'when the insurer does, or fails to do, what is required under the policy'.  Most commonly this will be when the insurer makes a decision on the availability of indemnity.

The case of Jones v Bartlett (2000) 205 CLR 166 ('Jones v Bartlett') stands for the basic proposition that an owner of a residential premises does not owe a duty of care to a plaintiff to ensure that premises are updated to comply with ever evolving Australian Standards and Building Codes.

Congratulations to Lucy Kerley, Senior Associate, on her inclusion on the Insurance Business Young Guns 2016 list. 

The Insurance Business Young Guns list recognises talent and excellence among the future leaders of the insurance industry, profiling 50 of the insurance industry’s rising stars (aged 35 and under) from brokerages, underwriting agencies, insurance companies and legal practices Australia wide.

Holman Webb is delighted to announce we have been selected as a finalist in the 16th Annual Lawyers Weekly Australian Law Awards – Insurance Team of the Year category. Recognizing excellence in law, these prestigious awards celebrate the achievements of the very best the legal profession has to offer across a number of categories of law.  

The recent decision of McQuitty provides important guidance to Queensland personal injury practitioners with respect to the impact of hypothetical events, pre-existing injuries or conditions and the assessment of damages.   The probability test applied by His Honour Jackson J may assist defendants to reduce an award of damages in claims for personal injuries where the plaintiff has pre-existing injuries or conditions which had a probability of impacting a head of damage.[1]

In McQuitty the plaintiff was a passenger in a car involved in a serious motor vehicle accident.  Liability was admitted. Quantum was in dispute.  The plaintiff had a troubled past having a history of substance abuse, limited work history, behavioural issues and had been involved in at least two previous serious motor vehicle accidents.

Holman Webb is delighted to announce 9 internal promotions across our Sydney and Melbourne office, effective 1 July 2016.   These promotions span across the workplace relations, insurance, property, commercial recovery and insolvency and ctp practices.