The Queensland Court of Appeal has upheld a decision finding a solicitor liable for failing to advise on the risks of a transaction that took place prior to his engagement. ...
The Queensland Court of Appeal has upheld a decision finding a solicitor liable for failing to advise on the risks of a transaction that took place prior to his engagement.
The recent $2.7 million Supreme Court decision in Kotku Bread Pty Ltd v Vero Insurance Ltd & Anor [2012] QSC 109 confirms that an insurance broker owes a duty of care to its client to not only take reasonable steps to inquire as to the property to be insured, but
This recent Supreme Court of Queensland decision highlights how a taxi driver might in some circumstances be liable for injuries suffered by a drunk passenger after exiting a taxi.
This recent High Court decision shows that care is needed when drafting an exclusion clause so that the circumstances in which it applies are not defined too narrowly. Otherwise, it may work against the party seeking to rely on the clause.
A passenger involved in stealing a car was found to be owed a duty of care after the driver lost control of the vehicle and crashed into a pole. Miller v Miller [2011] HCA 9
Financiers routinely require borrowers to take out insurance cover and to note the insurer’s interests on the policy. This case illustrates the limited cover available to financiers who are noted as “interested parties” in circumstances where the insured’s actions trigger an exclusion in the policy.
The Supreme Court has recently handed down a decision that touched upon some of the section 45 Insurance Contracts Act (Act) issues dealt with by the High Court in the ‘Speno’ case (Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pty Ltd [2009] HCA 50), including the meaning of
A recent appeal decision in the Supreme Court of Western Australia provides a clear example of how the scope of a motorist’s duty to warn other road users about hazards depends greatly on the particular circumstances of the case. These circumstances will often include speeds and distances of travel, driver
Cameron v Foster & Anor [2010] QSC 372 – This is not an analysis of the 2010 federal election or WorkChoices. This is the latest chapter in the ongoing saga about the recovery of damages for care in personal injuries actions regulated by the Workers’ Compensation and Rehabilitation Act 2003.
Questions of whether embarkation stairs were safe and caused a passenger to fall were not relevant in deciding if an “accident” had occurred in accordance with international air carriers’ liability principles.
A Brisbane gym operator was recently held liable in contract and negligence after a woman slipped and fractured her ankle during a ‘Body Attack’ class.
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 4) [2010] FCA 482 (May 2010)
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.