Did you know? If an at-fault third party was completing a task in the course of, or connected with their employment, recovery of an insured’s
NEWS
Onus and Burden of Proof in Civil Claims
In civil cases involving monetary claims for damages, breaches of contract, or tort actions, understanding the concepts of onus of proof and burden of proof
What is Bailment?
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
Press Release – Mediation in Walton Construction Class Action will proceed in October 2024
Federal Court confirms that mediation will proceed without “class closure” At a hearing on 3 September 2024, Justice Lee confirmed that the mediation in the
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
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
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