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Insights

 

no proof, no payment

 MARCH 2018, Daniel Unger

Interesting recent decision that reinforces the initial onus is on an insured to prove they have suffered a loss when lodging an insurance claim.  Case also deals with the Coincidence Rule outlined in section 98 the Evidence Act 2008 which is rarely considered in civil cases.

For more details, click here.

 

watch the fence – the perils of aussie rules football

SEPTEMBER 2017, Jonathan Cutler

We acted for Bayside City Council defending a claim of a young footballer who suffered a severe knee injury when he collided with a wire cyclone fence during a game of AFL football. The central issue in the case was whether the boundary lines painted by the Football Club (which was also a Defendant) were too close to the surrounding fence. Despite not being able to call any direct evidence in relation to whether the distance was less than the minimum 3 metres required by the applicable sporting guidelines, the Plaintiff succeeded at first instance based on an aerial “Near Map” photograph. On appeal, the Court accepted the trial judge erred by relying on the aerial photograph, but still found for the Plaintiff after conducting a review of the evidence in the lower Court, despite the circumstantial nature of his claim.

For more details, click here.