Written by Laura Heil and Virginia Waters Insurers have a right of subrogation, which enables them to ‘stand in the shoes’ of their insureds to recover from an at fault party. However, sometimes the person who damaged an insured’s vehicle is a family member, friend or...
Written by Mashuq Rahman Liability for the damages that ensue from a motor collision may be disputed in circumstances where a driver has caused a collision when acting under distress to escape danger or harm, such as road rage or a violent attack. Courts have referred...
Written by Kristin van Meeuwen In July 2020, on a semi-rural road in Dural, New South Wales a vehicle driven by Wendy Richards crossed over the centre line into oncoming traffic, and collided, head-on, with a vehicle travelling in the opposite direction. Ms...
Written by Spencer Pascal What has been described as an area which continues to grow new heads of argument, much like the mythical hydra1, has proven to be a rather apt description for the litigious nature of the credit hire industry. Whilst the High Court’s decisions...
Written by Rachel Woods The Federal Court of Australia provided guidance as to how evidence of a witness’s recollection should be drafted in the recent decision of Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381. The Facts Kane’s Hire Pty Ltd...
Written by Andrew Sawkins Part Two – Read part one here The recovery of property damages by general and commercial insurers is often neglected, principally as a result of the more complex factual scenarios and laws involved. The fact remains, overlook property...