Who was the driver? The High Court discusses the...
This dispute was limited to a single issue – who was driving the...
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The role of the ‘lethal weapon’ in assessing contributory negligence takes a new turn
When assessing contributory negligence in motor accident cases, the type of vehicles involved and their potential to cause harm remains relevant when weighing up the culpability of the parties, but to whose peril? The Court of Appeal has adopted a different perspective in Ayre v Swan.Author: Lily BarbouttisJudgment date: 16 August 2019Citation: Ayre v Swan [2019] NSWCA 202Jurisdiction: Supreme Court of New South Wales - Court of...
Roadblocks and roundabouts – ASIC’s review...
A review of 1.6 million claims was recently undertaken by ASIC into...
The real possibility of a conflict of interest...
A Plaintiff is assaulted and injured moments later as he fell from his...
Fault means fault
When seeking a mandatory exemption from CARS, is a denial of injury...
What is the definition of ‘uninjured’...
A recent decision by the Supreme Court considers what 'uninjured'...
What does it take for an Insurer to be found to...
An Insurer makes settlement offers without reduction for contributory...
Segmenting the decision-making process and not...
Two people in a motor vehicle. Both say the other was the driver. The...
Blast from the past – the 1988 Motor Accidents...
A 16-year delay in lodging a CTP claim using the same test as...
Allegations of false and misleading statements do...
Is an allegation of false and misleading statements enough to warrant...