Written by James Mulcahy Claims officers working for insurer claim departments come across lots of different collision scenarios. From straightforward ‘hit in rear’ or red/green traffic light disputes, to complicated scenarios such as drivers crashing when swerving to...
Written by Kirsty Henshall On 1 July 2022 Magistrate Darge delivered a decision in the Magistrates Court of Western Australia case of McKnight v Miller. This case study will examine that decision and two subsequent judgments of superior Western Australian courts which...
Written by Meerna Sawaqed and Meleseini Penitani Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67 Case Summary Two employees of Barrie Toepfer Earthmoving and Land Management Pty Ltd (“Barrie Toepfer”) were transporting an...
Written by Lucia Cocco Motor vehicle claims are typically lodged following collisions involving other motor vehicles. However, insurers are now seeing a rise in motor vehicle claims being lodged in circumstances where the insured vehicle has collided into a...
Written by Brooke Caulfield The Federal Court of Australia decision in Moss v Contracoin Pty Ltd [2023] FCA 976 questioned the finality and enforceability of Calderbank offers that contained a provision indicating the parties were to enter a deed of settlement. Facts...
Written by Jessica Woods On 9 November 2022, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022(Cth) received royal assent. As of today, the scope of the unfair contract terms (UCT) has been expanded and strengthened. So, what exactly does this...
