Our legal experts will keep you up to date on all relevant and current developments.
In the NSW Court of Appeal decision of Woodhouse v Fitzgerald [2021] NSWCA 54 given on 9 April 2021, the Court addressed whether the Proportionate Liability provisions of the NSW Civil Liability Act were engaged in circumstances where the alleged concurrent wrongdoers had a statutory immunity from suit.
Holman Webb is pleased to announce that five lawyers have been included in the 2022 Edition of The Best Lawyers in Australia.
What would your initial reaction be if a kangaroo suddenly appeared before you while driving?
Surely any loss of control and subsequent crash would be the kangaroo's fault, right?
Guess again!
Recently, the Australian Financial Complaints Authority backed insurers in three separate vehicle claims lodged by customers claiming the appearance of a kangaroo had resulted in them crashing their vehicles.
In the decision of Mason v Cashel Financial Services Pty Limited [2021] NSWSC 201 delivered on 9 March 2021, the Supreme Court of NSW confirmed that an indemnity in a contract between an AFSL holder and its authorised representative, entitled the AFSL to recover an insurance excess and deductible incurred to settle a claim brought by a third-party investor arising from the conduct of the representative.
The decision makes clear what has been known for a long time: that a properly drafted indemnity gives a clear right to license holders to recover far reaching losses arising from the negligence and omissions of authorised representatives.
Click through to watch Holman Webb's first Insurance webinar of the year: 2020 - A Year in Review.
Presented by national insurance group leader John Van de Poll, this 50 minute webinar discussed a wide range of interesting and important insurance matters from 2020.
Discussion topics include:
The business interruption test case in the NSW Court of Appeal has resulted in a decision favouring policyholders, rather than insurers.
This test case has awakened insurers to the importance of obtaining regular legal advice in order to stay up to date with all relevant (and potentially problematic) legislative changes.
The matter of Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 was originally heard before the Victorian Supreme Court in February 2020. The matter was subsequently appealed and dismissed in November 2020.
The decisions emphasise the importance of a clear and unequivocal acceptance of an offer before an insurance contract will be considered binding.
Congratulations to four Partners and one Special Counsel, who have each been included in recently published Doyle's Guide 2020 lists, including:
In addition, Holman Webb is the only firm listed in the Doyle's Guide 'First Tier' category, on the recently published Leading Dust Diseases Law Firms (Defendant) – Queensland list. Similarly, Holman Webb is listed in the 'Leading' category for Leading Dust Diseases Law Firms (Defendant) – South Australia.
Jumping castles, otherwise known as bouncy castles or inflatable trampolines, are a firm favourite at fetes, birthday parties, beer gardens – and even in pools.
Of course, like any form of fun, they have their hazards.
The latest development in the ever-changing world of 'Loss of use' claims has seen the NSW Court of Appeal hand down their respective decisions in Lee v Strelnicks; Souaid v Nahas; Cassim v Nguyen; Rixon v Arsalan [2020] NSWCA 115.