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Insurance
Gittins v Field (Trustee) [2018] FCA 976 The decision by Charlesworth J is a useful reminder that income received by way income protection payments under an insurance policy is not exempt from Div 4B, Pt VI of the Bankruptcy Act 1924 (Cth) because of s 116(2)(g) which excludes money from personal injury. David Cormack – Brisbane...
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Bigby v Kondra & Anor [2017] QSC 37 Daubney J The plaintiffs’ home was badly damaged in November 2008 as a result of a severe storm. The plaintiffs sued the first defendant, a registered builder, seeking damages for the loss and damage suffered because of the damage to the house. Relevantly, the first defendant had...
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Robinson & Anor v Westpac Life Insurance Services Limited [2017] QDC 40 Smith DCJA The plaintiffs claimed the defendant had breached a contract of insurance by failing to pay out on a TPD claim. By September 2015 the defendant had refused to pay out the claim three times. The defendant requested particulars, which when provided...
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CGU Insurance Ltd v Blakeley & Ors [2016] HCA 2 I refer you to the judgment summary. The issue in dispute before the High Court was whether the exercise of the Supreme Court of Victoria’s federal jurisdiction extended to joining the insurer, CGU under section 562 of the Corporations Act (and s.117 of the Bankruptcy Act...
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Byrne v People Resourcing (Qld) Pty Ltd & Anor [2014] QSC 269 For work related injuries which fall between 15 October 2013 to 30 January 2015 and have been assessed to have 5% or less, degree of permanent impairment (DPI), any indemnity is excluded or contribution by way of joint tortfeasor (Law Reform Act 1995...
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Canny v Primepower Engineering Pty Ltd [2015] WADC 81 In a Western Australian decision flowing from a session of heavy drinking after work, an apprentice suffered in excess of 60% burns to his body, when placing flammable substances into an old engine. The insurer denied indemnity to the employer on the basis that they acted in...
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Shapcott v W.R. Berkley Insurance (Europe) Limited & Anor [2015] QDC 102 The issue involved whether a respondent could join an insurer as a “contributor” pursuant to s.16(1) of the Personal Injuries Proceedings Act (PIPA) in circumstances where the insurer denied indemnity. The claimant had received massage therapy from Mr Camac the second respondent who was...
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Bakhit v Brisbane City Council [2014] QDC 240 The applicant sought declarations in relation to “entitlement” and “compliance” under the Workers Compensation and Rehabilitation Act 2003, together with costs. The application was complicated by the applicant not being able to understand English; having provided several dates for the putative back injury and lodging a review of...
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Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 (10 September 2014) I refer you to the High Court judgment summary. David Cormack – Brisbane Barrister & Mediator
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Michail v Australian Alliance Insurance Company Ltd [2014] QCA 138 JUDGES:                      Margaret McMurdo P and Gotterson JA and Dalton J Separate reasons for judgment of each member of the Court, each concurring as to the orders made. ORDERS:                      Dismiss the appeal and order that the appellant pay the respondent’s costs. CATCHWORDS:   INSURANCE – MOTOR...
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