The New South Wales Court of Appeal recently considered the maintenance obligations of Councils concerning playgrounds. 

BLI v Allianz Australia Insurance Limited

"Attendant care services means services that aim to provide assistance to people with everyday tasks, and includes (for example) personal assistance, nursing, home maintenance and domestic services.”. As defined by the Motor Accident Injuries Act 2017 (MAIA). A recent decision of Member Cassidy of the Personal Injury Commission delved into what is meant by “everyday tasks”.

The Gazal v Setiawan and Topaloglu case underscores the importance of protecting confidentiality in mediation. It involved a family dispute over valuable watches, where the improper disclosure of their values led to legal repercussions. This case serves as a reminder to restrict the use of litigation-obtained information to its intended purpose.

LONEY V LUTHA GROUP PTY LTD T/AS SUSSEX INLET SERVICE STATION PTY (NO 2)

Holman Webb Lawyers recently successfully defended proceedings in the District Court in the case of Loney v Luthra Group Pty Ltd t/as Sussex Inlet Service Station (No 2).

The article discusses a case involving the Liquidator of Tempo Holidays and Berkley Insurance Australia. The plaintiffs alleged a breach of the director's duties by Mr Tully led to unsecured loans to the Global Treasury Arrangement (GTA) that were not repaid. The court found that the plaintiffs failed to prove the alleged breaches of duty by Tully or that any breach caused Tempo to suffer loss. Importantly the court also found that Tempo breached its duty of disclosure by not disclosing information which indicated it parlous financial state.

A recent ruling by the NSW Supreme Court shed light on the challenges associated with relying on a limitations defence in a case where a claimant suffered injuries from a ladder collapse at a residential property.

The case of Australian Securities and Investment Commission (ASIC) v Auto & General Insurance Company Ltd [2024] FCA 272 holds significant importance as it marks the first instance of the Federal Court applying the new unfair contract terms in the Australian Securities and Investments Commission Act 2001 (ASIC Act) to insurance contracts. 

In 2016, a 3 year old girl died when a poorly constructed memorial headstone fell at a bowling club. The girls family sued the Club and the Stonemason, claiming negligence. In this article we explore the negligence claims, trial outcomes, and the shared liability between the Club and the Stonemason.

Holman Webb Lawyers is expanding its capability in several teams to support ongoing growth, announcing the addition of three partners across our Sydney and Melbourne offices.

Holman Webb Lawyers is proud to announce eight promotions across three offices, effective 1 July 2023.