Insurance in MOtion October

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An Advocates Immunity – Does it apply to interlocutory proceedings?: Magriplis-Hampton v MM LP Holdings Pty Ltd [2024] VSC 440

By Stuart Eustice, Partner and Gregor Campbell, Lawyer

The Supreme Court has recently been required to weigh in on the scope of advocates immunity and its applicability in serious injury application brought in County Court.

Read more, here.

 

Contractual indemnity void: Bilson v Vatsonic Communications Pty Ltd [2024] QCA 171

By David Slatyer, Partner 

In a personal injury damages claim in Queensland, where there is a liable employer defendant and a liable non-employer defendant, any contractual indemnity claim by the non-employer against the employer is rendered void, leaving the apportionment of damages between the defendant based on joint tortfeasor principles (i.e. respective culpability for the plaintiff’s injury).

Read more, here.

 

Unreasonable or Illogical – Appeals against Medical Panel Determinations: Monash Health v Carina & Ors [2024] VSC 486 (21 August 2024)

By Stuart Eustice, Partner and Gregor Campbell, Lawyer

On 12 April 2018 the Plaintiff underwent a left inguinal hernia operation at Monash Medical Centre, a hospital operated and managed by Monash Health. The Plaintiff alleged that the operation was unnecessary and negligent, Monash Health therefore being negligent as there was no direct or indirect hernia and that a CT scan of the abdomen and pelvis on 27 March 2018 did not find any such a hernia.

Read more, here.

 

Common Law Elections in WA: Neville v Choice One Pty Ltd [2024] WASCA 104 

By Ella Morison, Law Graduate

The Supreme Court of Western Australia has handed down a decision with wide reaching ramifications for hundreds of other claimants in Western Australia who have elected to bring common law proceedings against their employer in respect of personal injuries.

Read more, here.

Insurance

A continued examination on Australia’s business interruption test cases