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Case Studies

18 Sep 2013
McLennan v Insurance Australia Limited: home and contents insurance - arson, onus of proof and failure to co-operate
The plaintiff was insured by the defendant for damage to her home in Orange, New South Wales. On 27 December 2006, the Property and the contents were extensively damaged by fire The plaintiff made a claim on the defendant insurer. The insurer refused the plaintiff's claim.
2 Sep 2013
State Asphalt Services Pty Ltd v Leighton Contractors Pty Ltd: security of payment - importance of responding on time
Many contractors and subcontractors in the New South Wales building and construction industry have utilised the security of payment regime (the “SOPA”) to obtain swift recovery of progress payments.
27 Aug 2013
Hunt & Hunt v Mitchell Morgan Nominees: proportionate liability - Pt 4 Civil Liability Act 2002 (NSW)
What constitutes a concurrent wrongdoer for the purposes of the proportionate liability provisions under the Civil Liability Act 2002 (NSW) (CLA)?
27 Aug 2013
Whitney v Dream Developments Pty Ltd: NSW civil procedure - offers of compromise
On 25 June 2013 the New South Wales Court of Appeal handed down this important decision relating to the validity of offers of compromise. This decision only relates to offers of compromise made prior to 7 June 2013, before the amendments made by Uniform Civil Procedure Rules (Amendment No. 59) 2013 ...
7 Aug 2013
Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd: copyrights in building design
The Court in Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC4 had to deal with the following issue: was copyright in a building design infringed upon?
17 Jul 2013
Shikdar v Hannover: life insurance - duty of disclosure
On 9 June 2009, Mr. Shikdar applied by telephone for a policy of life insurance with Hannover Life Re of Australasia Ltd (“Hannover”). Hannover asked Mr. Shikdar whether he had a heart condition. Mr. Shikdar referred to his coronary artery and said that he had cholesterol.
25 May 2013
Chapman v United Super Pty Ltd and Hannover Life Re of Australasia Ltd: life insurance - total and permanent disablement
Scott Chapman, a member of the Construction and Building Unions Superannuation Fund (Cbus), brought a claim for Total and Permanent Disablement (TPD) benefit against the Trustee, United Super Pty Ltd, and the Insurer, Hannover Life Re of Australasia Ltd.