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Our legal experts will keep you up to date on all relevant and current developments.

Wednesday 3 May 2017 posted in Insurance

The New South Wales Court of Appeal in Fairall v Hobbs[1] recently overturned a decision of a trial judge in favour of a plaintiff who was thrown from his ‘traffic trained’ horse named Buck, and against the CTP insurer of a motorist who passed the plaintiff riding Buck on the opposite side of the road, which allegedly caused Buck to ‘buck’ causing the plaintiff to dislodge from Buck and fall onto the concrete kerb and gutter, suffering personal injuries. MACA, is the Motor Accidents Compensation Act 1999 (NSW), which the trial judge found was applicable to the plaintiff’s injuries.


Friday 7 April 2017 / by Holman Webb posted in Business, Corporate & Commercial Dispute Resolution Insurance Workplace Relations

We are delighted to announce that 7 of our firm’s senior team members have been selected in the Tenth edition of Best Lawyers - Australia.


Wednesday 22 March 2017 / by John Van de Poll posted in Insurance

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.


Tuesday 14 February 2017 posted in Insurance

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Pty Ltd v XL Insurance Company SE [2016] NSWSC 912 looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.


Section 54 of the Insurance Contracts Act – An Insured's Best Friend
Friday 10 February 2017 / by Pat O'Shea and Michael Jorgensen posted in Insurance

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).


Friday 18 November 2016 / by Mark Sheller and Nicholas Maiorana posted in Insurance
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.


Wednesday 26 October 2016 / by John Van de Poll and Bahar Turkmener posted in Insurance

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.


Thursday 29 September 2016 posted in Insurance Property

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.


Wednesday 10 August 2016 / by Lucy Rooney, John Van de Poll posted in Insurance

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.


Monday 18 July 2016 / by Holman Webb posted in Business, Corporate & Commercial Insurance

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.  


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