In the recent decision of John Rauof Megally v Andja Bojanic [2023] NSWLC 9, the New South Wales Local Court provided important insights into the
Category: Insights
When “Plain English” is not: ASIC v HCF Life Insurance Company Pty Limited [2024] FCA 1240
Life Insurance policies routinely exclude pre-existing conditions from coverage, but s 47 of the Insurance Contracts Act 1984 ( Cth) provides that insurers cannot rely
Out with the old, in with the obvious
When is it time to move on from seminal cases? How fixed is common law orthodoxy? The recent case of Elisha v Vision Australia Limited
Guidelines for the Use of Generative AI in Law
Generative Artificial Intelligence (Generative AI), a tool used in the creation of new content and information from pre-existing data, has changed how legal services are
Privacy Reforms Update: Introduction of a tort for invasion of privacy
The Privacy and Other Legislation Amendment Act 2024 (Cth) (the Act) is now in effect, following the Privacy and Other Legislation Amendment Bill 2024 being passed by
Cartel compensation – a consumer perspective
Cartel conduct has been described as a “cancer on our economy” and the Australian Competition and Consumer Commission (ACCC) has had success pursuing penal relief,
The Pitfalls of Uninsured losses
Did you know? When pursuing subrogation in insurance claims, it’s important to consider uninsured losses – that is, the portion of a claim that is
An Insured’s Burden of Proving a Claim
Did you know? There is a burden on an insured to prove that a claim made by the insured under a policy of insurance is
Preservation of Evidence
Did you know? Preserving key evidence, such as the burnt out salvage of a vehicle, is crucial, and disposing of such evidence may be considered
The Nemo Dat Rule
Did you know? A purchaser may not automatically gain ownership if the seller obtained the property unlawfully. This principle is rooted in the legal maxim
Enforcement of Judgments
Once a judgment is obtained against a party who fails to pay the judgment sum, various enforcement options are available. Although these options may vary
The Jones v Dunkel inference
Did you know? The decision in Jones v Dunkel (1959) HCA 8, 101 CLR 298 is a significant case for civil litigation. It relates to
Can a binding agreement be made via email?
In the legal world, binding agreements are put into writing and solidified into deeds or settlements. However, does that mean that an agreement is only
Duty to Mitigate and the Reasonableness Standard
When a party (Plaintiff) suffers loss and damage (usually from a breach of contract or tort), the approach of the Courts will be to put
Navigating Subrogation Limits – Section 65 of the Insurance Contracts Act 1984
Did you know? A key provision of the Insurance Contract Act 1984 is section 65 on subrogation. Specifically, subrogation of rights against family members or
