Every road transport operator in Australia would be familiar with the use of conditions of carriage to attempt to exclude liability for loss of or damage to goods being carried. ...
Every road transport operator in Australia would be familiar with the use of conditions of carriage to attempt to exclude liability for loss of or damage to goods being carried. It is often impractical or inconvenient to have customers sign the fine print conditions on the reverse of consignment notes
This recent case provides a definitive answer to a question that has arisen numerous times in practice, but has never been answered judicially: Does non-compliance with the 60 day time limit in section 302(2) of the Workers’ Compensation & Rehabilitation Act (WCRA) prevent a claimant from pursuing a common law
Strategic Property Holdings No. 3 Pty Ltd v Austbrokers RWA Pty Ltd [2012] NSWSC 1570
In the recent Supreme Court case of Mansi v O’Connor, Giovanno Mansi risked it all when he rejected what turned out to be a very generous offer of compensation for personal injuries he sustained in the accident. He obtained a judgment amount of $93,757.51. As a result of his rejection
Renting out an investment property and concerned about your liability for personal injury? This recent decision may provide you with some comfort.
On 19 September 2012, Coroner Hennessy handed down her findings on the inquest into the death of Isabella Diefenbach.
A recent ruling by the New South Wales Court of Appeal in O’Neill v Liddle has confirmed that a driver’s failure to keep a proper lookout is legally significant, even where the other driver fails to comply with the road rules.
In the case of Suncorp Metway Insurance Ltd v Wickham Freight Lines [2012] QSC 237, the Queensland Supreme Court was asked to consider the scope of Queensland’s Motor Accident Insurance Act 1994 (Qld) (MAIA) and statutory CTP policy of insurance.
The recent decision of Livesay v Hawkins [2012] QSC 122 is a timely reminder of the importance of notifying insurers of potential claims. It shows how even equivocal letters of complaint can amount to a ‘claim’ that requires notification.
The New South Wales Court of Appeal has upheld a decision dismissing a client’s claim for damages arising out of the negligent advice of an insurance broker, in Prosperity Advisers Pty Ltd (Prosperity) v Secure Enterprises Pty Ltd (trading as Strathearn Insurance Brokers (Strathearn) [2012] NSWCA 192.
The Queensland District Court has recently cleared an apartment manager of liability to the guest of a holiday apartment who sustained a needlestick injury in the apartment, finding that the risk of harm was not reasonably foreseeable. The Court indicated that if the guest had been successful, she would have
The Queensland case of Balnaves v Smith [2012] QSC 192 is arguably one of the most important recent cases involving the determination of future economic loss for high net worth individuals who suffer personal injury.
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.