Mooney v White (NSWPICPD 2022)
Key Takeaways
Deputy President Snell revoked a Member’s finding that an injury sustained by a live-in caretaker was not in the course of employment. He directed the matter to a new Member for redetermination. This is an interesting decision about the extent which a person is in the course of employment.
Brief Facts
Patterson v Secretary, Department of Planning, Industry and Environment (NSWPICPD 2022)
Key Takeaways
This case demonstrates that determining the date of injury for disease claims is very complex. It depends on the medical evidence, the onset of symptoms, the type of compensation claimed and whether the worker has been employed by more than one employer.
Brief Facts
Key Takeaways
Amendments to the Personal Injury Commission Rules 2021 (the Rules) commenced operation on 29 April 2022.
The amendments were implemented to address the following areas:
When bankruptcy trustees seek to realise a bankrupt’s interest in real property many years after the bankruptcy has been discharged, it will often give rise to a ‘hornets’ nest’ of issues and a slew of complaints by the owners of the property about the dilatory conduct of the trustee.
Key Takeaways
The QSC has decided in favour of Insurance Australia Limited’s (‘IAL’) rejection of a multi-million dollar claim by Cassa Bedding Pty Ltd (‘Cassa’) on the basis that the fire was deliberately lit by Cassa’s sole director, John Cassimatis (in circumstances where there was no proven motive to the standard required), for the purpose of fraudulently obtaining benefits under the policy within the meaning of s56(1) of the Insurance Contracts Act 1984 (Cth) (‘ICA’).
What is PEXA?
PEXA is an electronic conveyancing platform, which is currently in operation in NSW, VIC, QLD, ACT, SA and WA. It is mandatory for all mainstream conveyancing transactions in NSW, VIC, SA and WA.
Why PEXA?
PEXA streamlines the process for conveyancing transactions. It enables financial institutions, solicitors, licensed conveyancers and land registries to effect transactions online. PEXA supports the following:
Strategic considerations in response to lapsing notices
As set out in Part I of this TurkAlert, if you have registered a caveat over property in New South Wales in reliance upon a charging clause and you receive a lapsing notice issued by the land owner, you have 16 days to take several steps, including applying to the NSWSC for an extension order.
Published | Samantha Stanwell
Turks is delighted to announce that in the 2023 edition of The Best Lawyers in Australia, six of our lawyers have been recognised across four areas of law.
Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Recognition in this publication is widely regarded by clients and legal professionals as a significant honour.
Welcome to our first edition of the Life Insurance Bulletin for 2022.
There has certainly been a lot of activity since our last issue, with the FCA handing down some highly anticipated decisions in the life insurance space.
AFCA continues to loom large on the life insurance landscape with the FCA affirming its broad jurisdiction to deal with superannuation complaints. We break down the ins and outs of the reasoning behind this decision which has confirmed AFCA’s role as a ‘one stop shop’ for complaints of this nature.