Partner

David Slatyer

David is among Queensland’s most respected and versatile insurance advisors and litigators, helping insurers and their customers, as well as self-insured companies and statutory bodies, with advice and managing their losses and resolving disputes.

Having 28 years in practice, David has valuable experience from resolving thousands of cases and legal disputes for professional liability, public liability, life and total and permanent disability, property & motor, directors, management and employment liability.

David and his expert legal team manage schemes or portfolios of claims, material litigation, inquests, professional inquiries, as well as the drafting of insurance products, providing advice and assistance with insurance, liability and risk questions.

David specialises in practical and value driven claims solutions for insurers, focusing on early negotiation, plain English communications, alternate dispute resolution (appearances at mediations and compulsory conferences), advocacy, drafting of pleadings and insurance products and customer service ethics, including relationships with insureds and/or brokers.

Expertise

David’s expertise includes:

  • Insurance advisory work, such as advising on policy coverage across public and products policies, professional indemnity policies, strata, property, motor, ISR, business, EPL, life, IP and TPD policies;
  • Advising on exclusions, the Insurance Contracts Act, co-insurance, proportionate liability and subrogated recoveries;
  • Insurance defence work, including indemnity disputes, public liability, personal injury and product liability, professional liability, professional conduct Inquiries, property damage, management and employment liability;
  • Dust disease claim, catastrophic claims, pure psychiatric injury, civil abuse claims;
  • Life insurance, IP and TPD advice and claims work, including non-disclosure, fraud, eligibility criteria, pre-existing conditions, unbundling claims, own occupation and ETE requirements, trustees and insurers duties, assessment duties, procedural fairness, SIS Act and AFCA complaints;
  • Recoveries claims for property and motor losses

Recent Projects 

  • Currently managing the defence of a significant portfolio of silicosis injury and terminal illness claims for a national importer of stone and its insurer in QLD, NSW, VIC and WA.
  • Succeeded in the High Court in a personal injury claim for the retail insured and its insurer, with the High Court refusing the applicant special leave to appeal, upon our client’s earlier success in four related appeals in the Queensland Court of Appeal (Day v Woolworths & Ors (2021) QCA 42);
  • Advised a national life insurer on the important changes in 2021 to the insured’s duty of disclosure under the Insurance Contracts Act (Cth) (the new duty for consumer insurance contracts) and on the insurer’s new remedies for breach of the duty of disclosure, in a life insurance contract.
  • In 2023 acted for one of Australia’s largest architectural firms and its insurer, in a dispute concerning the use of combustible aluminium cladding on a 50+ level CBD tower and alleged rectification cost of $28M.
  • In 2023 acted for an accountant and his insurer defending claims brought by the liquidators of a set of building companies for circa $30 million, alleging negligent approval of the companies’ solvency requirements.
  • In 2023 acted for a superannuation trustee in the successful defence of an appeal to the Federal Court by a fund member. The matter was brought against the decision of AFCA regarding a claim for total and permanent disablement benefits and the effect of a pre-existing medical condition exclusion.

Professional Memberships / Accreditation & Activities

  • Insurance Law, Personal Injury Litigation and Product Liability Litigation, Best Lawyers in Australia
  • Insurance Law, The Legal 500 Asia Pacific
  • Professional Indemnity, Doyle’s Guide

    Sector

location

Brisbane

Thinking

Insurance
Insurance in MOtion October
Insurance
Contractual indemnity void: Bilson v Vatsonic...
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Principal contractor not liable ...
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Indemnity – is cover extended to an...
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Mie Force Pty Ltd v Allianz Australia...
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Tripodi Pty Limited v Phillips [2024] NSWDC...
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ASIC fails in its quest to prosecute for...
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ASIC fails in prosecution for breach of duty...
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High Court of Australia – Reining in...
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Injured triathlete loses race, wins in court ...
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Life insurance – not so terminal illness ...
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The District Court finds the Negligence of an...
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The 1 million dollar hot chip payout –...
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Notification of a “Problem” under s 40(3)...
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Fraudulent Misrepresentation in Group Life...
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How Not To Sue Your Legal Practitioner:...
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Russell v Carpenter [2022] NSWCA 252 Provides...
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Anti-vaxxers and damages for economic loss:...
MO
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The Employee That Was Let Go And Let Down –...
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Houghton v Potts [2022] NSWSC 1778:...
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The ‘Hardiman’ principle – whether it...
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A snapshot of registered health practitioner...
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Personal Injury Damages (Economic Loss) for...
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VCAT upholds immediate suspension of GP...
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The District Court of NSW has Increased its...
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Life Insurance in Superannuation: AFCA lacked...
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A snapshot of registered health practitioner...
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VCAT accepts charges relating to dishonesty...
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Liability for unlawful acts in employment...
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Personal costs orders – ‘a shield not a...
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Frost v Northern Beaches Council [2022] NSWSC...
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A snapshot of registered health practitioner...
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Counsellor who engaged in inappropriate...
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TPD Insurer – No Duty to Reconsider a Claim...
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“You’re Fired!” – Supreme Court...
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TPD Insurer – No Duty to Reconsider a Claim...
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Back to basics – breach, section 5B and the...
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A shield not a sword: the NSW Court of Appeal...
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Group Life Insurance – misrepresentation,...
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Elements applicable to a release from the...
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A snapshot of registered health practitioner...
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Is it really expert evidence? Milanovic v...
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Victorian Supreme Court of Appeal confirms...
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Fair Work Commission considers who is the...
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Mills Oakley has settled Australia’s first...
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Combustible Cladding – Another Twist:...
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Double Whammy – NSW Supreme Court...
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Victoria’s Supreme Court of Appeal confirms...
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Supreme Court of Victoria’s Court of Appeal...
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Necessity of view is insufficient connecting...
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Drivers beware – don’t forget to consider...
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Victorian Supreme Court of Appeal confirms...
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VCAT supports Pharmacy Board’s immediate...
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Drunk pedestrian hit by car held 70% liable...
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A snapshot of registered health practitioner...
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Vicarious Liability of Employers and Acts of...
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Can I force my employee to return to working...
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Cleanaway Waste Management Ltd v Insurance...
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“Double insurance” or not? CTP insurer...
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Singh v Ward [2022] VSC 155: Emergency lanes...
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A snapshot of registered health practitioner...
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Weinstein v Health Complaints Commissioner...
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Employee or independent contractor? Just...
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Dodson v Woolworths Group Limited:...
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Avant v Darshn: Notice of circumstances given...
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A snapshot of registered health practitioner...
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Victorian Supreme Court of Appeal confirms...
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Landmark ruling confirms defective passage...
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Archer v Garcia [2022] VSC 57: Driver at...
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The Grape Escape from Liability – Plaintiff...
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Insured gets burnt on fraudulent insurance...
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Plaintiff’s expert evidence ruled to be...
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Victorian Court of Appeal confirms employer...
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Griffiths v Kerkemeyer damages –...
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Can a statutory limitation period be...
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Western Australian workers’ compensation...
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Allianz V Rawson Homes
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Anti-vaccination publication is professional...
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Can you aggregate injuries to the knee and...
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No negligence by employer for loaded pallets...
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Do you need an ‘insurable interest’ to...
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The usual approach to costs in unusual cases...
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Professional Indemnity cover excluded – for...
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Ali v Insurance Australia: Clarifying the...
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COVID-19 contracted in the course of...
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A pothole or pivot injury? Mersal v Georges...
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A seller’s liability for selling goods with...
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When Dangerous Recreational Activity flies...
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Swashplate Pty Ltd v Liberty Mutual Insurance...
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Worth v HDI Global Speciality – measuring...
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A reminder for interstate practitioners: full...
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Greentree v Blacktown City Council – It...
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Mistrina Pty Ltd v Australian Consulting...
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Dispensing with the requirement for...
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What is the correct measurement of diminution...
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Apportionment of liability – causal potency...
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Victorian Court of Appeal clarifies the...
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Open Ship Registries and Implications for the...
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Releasing an arrested ship – considerations...
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Gosper v Pilbara Iron Company (Services) Pty...
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Drawing the line between inference and...
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A continued examination on Australia’s...
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Kauter Investments v Arch Underwriting –...
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Mills Oakley has launched a class action…...
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TPD – NSW Court of Appeal grapples with The...
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Examining the Law of Dog Bites – What is...
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What is the particular risk, you plead? Ricky...
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Hauraki v Steinhoff Asia Pacific Limited...
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Delays have dangerous ends for CTP Insurer...
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Recovery of inquest costs in subsequent civil...
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Breaking the chain of causation: Ironmonger v...
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Extending the Unfair Contract Terms Regime to...
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Force Majeure Off the Rails! Woolworths vs...
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The pursuit of resilient and insurable homes ...
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Dungan v Padash [2021] NSWCA 66 and the...
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A contractors obligation to familiarize...
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Interpreting commercial insurance policies...
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Life Insurance – Income protection: Quach v...
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Calculating economic loss –...
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“Lacrosse” Appeal decided;
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Notices to produce – fishing expedition...
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WorkCover Queensland can recover statutory...
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Suing insurers directly – Count...
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An inevitable surge in mental health claims ...
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Case Note
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Characterisation of indemnity payments and...
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New requirements for providers of insurance...
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Kremer v Sandfire Resources NL: A discussion...
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The Future of Recoveries in Class Actions –...
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High-risk cladding ban comes into effect in...
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An updated look into Business Interruption...
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A look into Business Interruption cases, both...
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Entyce Food Ingredients Pty Ltd v CGU...
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ASIC releases draft information sheet...
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Court awards $400,000 for pain and suffering...
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Nursing Board succeeds in de-registering...
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TPD claims – Appeal unsuccessful:...
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A Truckload of Reforms on the Horizon:...
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TPD claims – beware the Date of...
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Lee Mee Ko v Dr Hall & Ors [2020] VSCA...
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East Metropolitan Health Service v Ellis: A...
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Uncertainties with the Unfair Contract Terms...
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Requesting information about a personal...
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Tightened complaint handling procedures aimed...
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Just, cheap and quick? The evolution of...
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QBE Insurance (Australia) Ltd v Allianz...
MO
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Insurance Indemnity for work health and...
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WorkCover WA – Abolition of the...
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Lex loci and cross jurisdictional awards of...
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Entitlement to Damages for Loss of Use...
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New Statutory Duty of Care for Building...
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In Summary – Supreme Court Practice...
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Current developments in class actions in...
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Use of handwriting experts and lay evidence...
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The ACT Supreme Court finds a Stranger...
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COVID-19
The impact of COVID-19 on Dust Diseases...
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The 304 Words that Could Change Class Actions...
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COVID-19
Tours to be ‘Moore’ on Guard after High...
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MO
COVID-19
Ensuring Management Action is Reasonable...
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COVID-19
Electronic execution of documents during...
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The 304 Words that Could Change Class Actions...
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NSW Court of Appeal Confirmed an Employer is...
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The price of institutional abuse
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A Crash Course on Birth Injury Claims ...
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COVID-19
COVID-19 and the enforceability of...
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Tripped Up – The NSW District Court...
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The Unintended Consequences of Amending...
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Yeung v Santosa Realty Co & Anor [2020]...
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Childhood abuse cases – Queensland...
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MetLife Insurance v MX (2019) NSWCA 228 ...
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MO
Commercial Disputes
“Neglect” – Royal...
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TPD: Gavan v FSS Trustee & MetLife...
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TPD alert: Newling v Metlife Insurance...
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Commercial Disputes
Aged Care Royal Commission – Themes...
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Aged Care and Disability Royal Commissions...
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TPD: Michael Burke v MetLife Insurance...
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TPD: Unreasonable Insurer Decision: Folmer v...
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MetLife Insurance Ltd v Hellessey [2018]...
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Insurance in MOtion – Privacy and...
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Insurance in MOtion – Assisted dying in...
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Insurance in MOtion – Cover and...
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Insurance in MOtion – Government review...
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Insurance in MOtion – When can an...
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Insurance in MOtion – Mills Oakley in...
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Insurance in MOtion – NSW Court of...
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Insurance in MOtion – Notifiable data...
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Insurance in MOtion – When strict...
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Insurance in MOtion – Extending Unfair...
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Insurance in MOtion – The Age of the...
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Insurance in MOtion – Australian...
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Insurance in MOtion – “Cap and...
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Insurance in MOtion – We didn’t start...
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Insurance in MOtion – Substance over...
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Insurance in MOtion – Class Actions in...
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Insurance in MOtion – Insurtech –...
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Insurance in MOtion – Court orders...
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Insurance in MOtion – The irrationality...
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Insurance in MOtion – United Nations...
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Insurance in MOtion – Catastrophic...
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Insurance in MOtion – You do the crime,...
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Insurance in MOtion – Insurers should...
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Insurance in MOtion – Court orders...
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Insurance in MOtion – Court confirms...
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Insurance in MOtion – Don’t say it!...
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Insurance in MOtion – NSW introduces...
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Insurance in MOtion – Lloyd’s...
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Insurance in MOtion – Modernisation of...
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Insurance in MOtion – Mandatory...
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Insurance in MOtion – Court denies...

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