Category: Insights

Zamagias v Saltalamacchia [2026] NSWCA 48: A Lesson on the Value of Contemporaneous Evidence

In a decision handed down by the New South Wales Court of Appeal on 2 April 2026, Justice Adamson with President Ward and Justice Free

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Ownership vs Bailment vs Equitable Ownership

Someone bringing a claim needs to first show that they are entitled to do so – i.e. “standing”. Proving standing generally means proving that the

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Navigating Titles and Protocol for Australia’s Judiciary

Australia’s justice system can appear intimidating, not because it is designed to be exclusive or inaccessible (in fact, the opposite is true), but because it

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Judicial Notice

Did you know – that the doctrine of “Judicial Notice” allows a court to accept certain facts without requiring formal proof or evidence. The principle

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Pre-Litigation Discovery

What is pre-litigation discovery? A prospective litigant may be unsure about who to sue or whether a viable cause of action exists. To address this

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Res judicata – A matter judged

Have you ever asked yourself: What if someone sued you for breach of contract, and after losing the case, they came back months later with

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Volenti non fit injuria – voluntary assumption of risk

Did you know: Some legal principles are so fundamental that they can completely defeat a negligence claim, even where fault is admitted?  One such principle

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Res Ipsa Loquitur – The inference of negligence without direct evidence

Did you know: A court may find a defendant negligent even in the absence of direct evidence that the defendant’s actions contributed to the plaintiff’s

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Legality vs. Liability: When Breaking the Law Doesn’t Bar a Claim

Did you know: Illegality does not always equal liability. Even though an individual may be engaging in illegal behaviour, if another party acts negligently and

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Affidavit 101

Did you know: In some instances, an Affidavit can be used instead of a person’s oral evidence. What is an Affidavit æfɪˈdeɪvɪt/ (Affidavit): -“he who

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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

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When is a full and final settlement, not? (the Morganite Principle)

Did you know: if your insured settles their claim for uninsured losses with a third party when the third party knew about your subrogated claim

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Do I need to disclose ALL changes to my household including the purchase of groceries to my insurer?

The recent decision by the Federal Court of Australia demonstrates the increasing consumer focus on Insurance Contracts, driven by the Australian Securities and Investments Commission

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The Victorian Court of Appeal confirms the importance of carefully drafting supporting affidavits under s 459G(3)(a) of the Corporations Act

On 14 March 2025, the Victoria Court of Appeal delivered its decision in BRC Group v Watagan Park [2025] VSCA 36 – an important judgment

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Consistency in soft class closure: Lendlease v Pallas

In a significant decision in class actions, the High Court of Australia has resolved a notable inconsistency between the Federal and State positions on the

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