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Case Studies

13 Sep 2016
Morocz v Marshman: Failure to warn revisited
The New South Wales Court of Appeal has recently revisited the duty cast on medical practitioners (and other health professionals) to warn patients of the material risks of a proposed procedure or treatment.
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28 Jul 2016
TAL LIFE LTD V SHUETRIM [2016] NSWCA 68
TAL Life Ltd v Shuetrim [2016] NSWCA 68 is a significant intermediate appellate decision in the area of life insurance.
16 May 2016
The Diminishing Advocates Immunity
In Attwells v Jackson Lalic Lawyers Pty Ltd the High Court of Australia has revisited the existence and scope of the immunity of advocates from suit. This immunity, where available, provides a complete defence to lawyers alleged to be guilty of professional negligence.
27 Nov 2014
Hill v Newth
Hill v Newth [2014] NSWSC 298 - NSW conveyancing - whether binding agreements can be formed without exchange of contracts
1 Aug 2014
Australian Competition and Consumer Commission v Electrodry
On 1 July 2014, the Australian Competition and Consumer Commission (“ACCC”) filed an Application and Statement of Claim against A Whistle & Co (1970) Pty Limited, the owner of Electrodry (“Electrodry”), in the Federal Court of Australia. The Application sought declarations, penalties, injunctions an ...
14 Jul 2014
Richard Neil Swansson v Russell Alan Harrison & Ors
The following Victorian Supreme Court decision identifies the importance of comprehensive advice by life insurance advisors to their clients and suggests somewhat of an onus on those advisors to follow up on any suggestion of changes in their clients’ medical conditions. This is notwithstanding the ...
14 Jul 2014
Sidhu v Van Dyke
This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as Burra Station. The appellant, Mr Sidhu, lived in the main homestead on Burra Station. The respondent, Ms Van Dyke, and her husband lived in Oaks Cottage ...
7 Jul 2014
Bank, borrowers and the duty of care to make the right financial decision
Westpac Banking Corporation v Diagne [2014] NSWSC 822
12 Jun 2014
Lazarevic v United Super Pty Ltd [2014] NSWSC 96 - what constitutes a "reasonable" decision when deciding whether to refuse or accept an insurance claim for Total and Permanent Disability
On 20 February 2014, Hallen J of the New South Wales Supreme Court in Lazarevic v United Super Pty Ltd [2014] NSWSC 96 handed down a decision that clarified what constitutes a “reasonable” decision by an insurer and trustee when deciding when to refuse or accept an insurance claim for total and perm ...
25 Mar 2014
Charafeddine v Morgan - Issue Estoppel, Property Damage Claims, and impact on Personal Injury Claims
On 21 March 2014, the NSW Court of Appeal, in Charafeddine v Morgan [2014] NSWCA 74, delivered a decision which makes it clear that the determination of a property damage claim in one Court (in this case, the Small Claims Division of the Local Court) can give rise to an estoppel and prevent a claima ...