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Hold up! Put up and shutter up

  • Published 23.02.2016

Roberts v Westpac Banking Corporation [2015] ACTSC 397

Court of Appeal mows down creative interpretation of s54 of ICA

  • Published 16.02.2016

Allianz Australia Insurance Limited v Inglis [2016] WASCA 25

Higher onus for hire cars: the requirement to establish ‘need’ in demurrage claims

  • Published 15.02.2016

Droga v Cannon [2015] NSWSC 1910

No real compromise: early ‘walk away’ offers may not be enough to obtain indemnity costs

  • Published 09.02.2016

Mega-Top Cargo Pty Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3 (23 February 2016)

On 3 February 2016, the NSW Court of Appeal delivered a judgment on an application for indemnity costs by a successful respondent to an appeal. The Court of Appeal found that an Offer of Compromise that amounted to a request for a “capitulation” when no evidence was brought of significant costs being incurred by the successful party prior to the offer did not warrant the making of an indemnity costs order.

Is it time for travel insurers to provide cover for consumers with mental health issues?

  • Published 03.02.2016

Ella Ingram v QBE Insurance (Australia) Ltd

In Ingram v QBE Insurance (Australia) Ltd (Human Rights) Member Dea of the Victorian Civil and Administrative Tribunal determined the application of an exception to the general principle that it is unlawful to discriminate. The Equal Opportunities Act 2010 (Vic) and the Disability Discrimination Act 1992 (Cth) allows insurers to lawfully discriminate if that discrimination is based on actuarial or statistical data.