Bailment can arise when one person has temporary possession of another person’s property with an understanding to return the property to the original owner. It
Category: Insights
The Harman Undertaking
Did you know? There is an implied undertaking that provides that documents obtained in legal proceedings are only allowed to be used for their intended
Inevitable accidents
An unusual defence can sometimes arise in motor vehicle accidents, namely that of an “inevitable accident”. This defence is raised when the defendant driver claims
Uninsured v Insured losses
Do you know who gets paid and in what order in circumstances where you have settled a matter and there are insured and uninsured losses?
Contracts 101
Let’s take it back to basics and explore the requirements for a legally binding contract, namely: Offer Acceptance Consideration Intention Offer – All contracts
Contra Proferentem
Did you know: there is a further Latin phrase that is very relevant in the insurance context, and that is the phrase contra proferentem. The
Veni, Vidi, Vici
Did you know: Latin phrases and terms are still widely used in Australian law due to the historical influence of Roman law on the development
Unjust Enrichment and Money Had and Received
Did you know: When you discover that a payment on a claim has been made by mistake, or that fraud may be involved, recovery of
Offer of Compromise -vs- Calderbank Offer
Did you know? There are different types of offers than can be made in a claim, namely (i) an Offer of Compromise or (ii) a
WR Insurance Bulletins
Welcome to William Roberts’ Insurance bulletins, where we share our thoughts on relevant or interesting legal issues. Please click on the relevant article to read
What happens if you, as an insurer, have not yet concluded whether or not to indemnify an insured, and a third party commences Court proceedings against your insured (with the indemnity decision still pending)?
When these types of claims arise, an insurer (and its panel firm) can continue to act for an insured on a “reservation of rights” basis.
Can you sue if a “registered” company is “in liquidation”, “under administration” or has become “deregistered”?
It is common to see Court proceedings commenced in the name of an individual or against an individual. But sometimes, Court proceedings are commenced by
The Briginshaw-test
Did you know that the Briginshaw-test requires a higher standard of evidence in civil matters where serious allegations are made, such as fraud. This principle
With An Optus Loss Comes A Useful Reminder: Legal Professional Privilege Claims For Pre-Litigation Reports
Optus has suffered a further setback in its class action litigation concerning the extensive data breach involving the release of up to 9.5 million customers’
Goods and Services Tax (GST)
Whether you, or the other side, are able to claim GST can sometimes be very confusing. So that you don’t have to read the relevant