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.

The NSW Court of Appeal recently delivered an interesting judgment in the matter of Scenic Tours Pty Ltd v Moore [2023] NSWCA 74.

The Plaintiff in this matter, Mr David Moore, was the lead Plaintiff in a class action against Scenic Tours by thousands of disgruntled cruise ship passengers from multiple separate cruises.

For extra context, we suggest reading our 2020 article discussing Moore v Scenic Tours Pty Ltd [2020] HCA 17: Damages for ‘Disappointment and Distress’ Available to Consumers for Breaches of Consumer Guarantees for Travel and Recreational Contracts.

Holman Webb is pleased to announce that eleven lawyers have been included in the 2024 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. 

Section 50C of the Limitation Act 1969 has a 3-year limit for a plaintiff to commence a personal injury claim from the date that the cause of action was ‘discoverable’. 

Section 50D of the Act says the cause of action is discoverable when the claimant knows or ought to know of the fact that:

1. the injury or death concerned has occurred,
2. the injury or death was caused by the fault of the defendant,
3. the injury was sufficiently serious to justify the bringing of an action on the cause of action.

In the 31 March 2023 Court of Appeal decision in Horne v J K Williams Contracting Pty Ltd [2023] NSWCA 58 the Court concluded that the plaintiff knew of the 3 facts soon after the accident.  The plaintiff’s push bike had collided with orange barricades on the side of the road.  

The recent Federal Court decision in Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2023] FCA 190 arose out of historic claims of sexual and physical abuse at Knox Grammar School in Sydney, dating back to the 1970’s.

Click through to view a recording of Holman Webb's Insurance Group's first webinar of the year: 2022 - A Year in Review.  Presented by Partner and National Insurance Group Leader John Van de Poll on Thursday 2 March 2023, this webinar examined a range of significant cases from 2022.

Every so often, a case comes up that reminds us of an often forgotten undertaking that solicitors owe the court: the “Harman” undertaking.  

The Harman undertaking concerns documents or information that the court compels third parties to produce.  It operates to prevent any of the parties to litigation from using documents obtained in the course of that litigation for the purpose of other unrelated proceedings, without the leave of the court.

Generally, the court will look for special circumstances explaining why a document should be released for use in other proceedings.  Even when special circumstances are established, the court still has discretion regarding whether to authorise the release of the information.