Damages for economic loss – A new COVID-19 normal? Court acknowledges uncertainties of post-pandemic world in assessing the risk of future economic loss

  • Published 04.11.2020

Coughlan v United Precast (Vic) Pty Ltd (VSC 2020)

Key Takeaways

This matter brings to light the inherently speculative nature of the assessment of Farlow damages for the risk of future loss of earning capacity, and the impact on such assessments by the current COVID-19 pandemic and associated future economic uncertainty.

Brief Facts

Published | author author

TurksLegal is pleased to announce that Adele Fletcher, Partner; Dominic Maait, Partner; Sam Kennedy, Partner & Lian Chami, Partner have been recognised as leading lawyers for their achievements in the 2020 Doyle’s Guide.

COMMERCIAL PROPERTY

Redundancies during COVID-19

  • Published 21.10.2020

Key Takeaways

In response to the impact of COVID-19 on profitability, many businesses have been forced to restructure or downsize which, in some cases, leads to employee redundancies. The recent unfair dismissal decision of Rachael Freebairn v Dandiie Pty Ltd and others (FWC 2020) serves as a reminder to employers of their statutory obligations regarding the procedures for valid redundancies (including the requirement for consultation under any relevant modern award).

Damages for gratuitous attendant care services: S15 CLA and Hospital Admissions

  • Published 19.10.2020

Williams v Wollongong City Council (NSWDC 2020) 

Key Takeaways

In a recent decision, the NSWDC held that the recipient of gratuitous attendant care services during a continuous period interrupted only by breaks due to being admitted into hospital is still entitled to qualify for an award of damages under s15 of the Civil Liability Act 2002 (NSW) (‘CLA’).

Life Insurance Bulletin - October 2020

  • Published 19.10.2020

Court dismisses request for discovery of comparable insurance applications in non – disclosure case

  • Published 19.10.2020

Key Takeaways

In this case, the WASC has dismissed a plaintiff’s application for discovery of comparable insurance applications, which were sought by the plaintiff in order to challenge the insurer’s underwriting evidence following avoidance cover pursuant to s29(3) of the ICA.

NSWSC finds settlement not binding where no executed Deed of Release

  • Published 19.10.2020

Key Takeaways

In this case, the NSWSC dismissed an application by an insurer to enforce a settlement agreement on the basis that the parties did not intend for the settlement to be binding until a formal deed of release had been entered into.

AFCA finds trauma event arises when it occurs, not when diagnosed

  • Published 19.10.2020