Rebutting the Statutory Presumption of Contributory Negligence

The decision in Allen v Chadwick [2015] HCA 47 concerns the operation and interpretation of Parts 6 and 7 of the Civil Liability Act 1936 (SA) which construct a regime for determining negligence and create a presumption of contri...

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Residential Occupier not Liable

On 10 December 2015, the High Court refused the plaintiff special leave to appeal the decision of New South Wales Court of Appeal in Christine Fabre v Bonny Lai Chun Lui  [2015] HCASL 230. The judgment obtained by Hunt & Hun...

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It Started with a Kiss. Will it End in the High Court?

A recent decision on appeal awarding damages for a domestic "slip and fall" is a warning to homeowners, insurers and underwriters alike. Familiarity with the premises and constructive knowledge of "degrees of slipperiness" as dete...

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Important Changes to Wrongs Act Now Imminent

Further to our previous update on 29 September 2015, the Wrongs Bill 2015 ("The Bill") was introduced and read for a first time in the Legislative Council on 8 October 2015. It was then read a second time, voted on and passed with...

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Bikies and Brothels Bitten by Non Disclosure

The Supreme Court of NSW was recently faced with a decision dealing directly with Section 21 of the Insurance Contracts Act 1984 (Cth) regarding the insured's duty of disclosure in the case of Stealth Enterprises Pty Ltd t/as The ...

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Wrongs Amendment Bill 2015

In 2013, the previous Victorian Liberal Government directed the Victorian Competition and Efficiency Commission ("the Commission") to review the personal injury provisions of the Wrongs Act ("the Act"). The review was intended to ...

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