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By Hamish Craib, Shannon Mony, Mark Birbeck
Exclusion clauses cannot limit the field of cover of an insurance policy to defeat the commercial object of the policy.
By Shannon Mony, Will Goodheart
The doctor had acted carelessly, incompetently and improperly, in a way that constituted professional misconduct.
By Shannon Mony, Will Goodheart
The appeal was ultimately dismissed, but the Tribunal was adamant that this was not seen as condoning his actions.
By Shannon Mony, Will Goodheart
The Tribunal was satisfied that the holistic approach adopted by Dr Syme was focused on supporting the patient in life.
By Shannon Mony, Will Goodheart
This decision is interesting in its consideration of 'expert peer opinion' within s5O of the Civil Liability Act 2002.
By Shannon Mony, Will Goodheart
With abortion still considered a crime in NSW, many have labelled the current position as 'archaic' and 'out of touch'.
By Shannon Mony, Will Goodheart
This case provides a recent example of how authorities apply the unprofessional conduct provisions of the national law.
By Dean Cupac, Niksa Stanisic
With updated legislation insurers will achieve much needed clarity and certainty around third party claims against them.
By Brett Ablong, Claire Tota
We discuss Chin v Comcare [2017] AATA 634 (10 May 2017).
By James Makowiak, Nathan Hepple
The informal meeting did not constitute reasonable administrative action, nor was it carried out in a reasonable manner.
By Brett Ablong, Claire Tota
The applicant withheld information, so the employer would have been unfairly prejudiced if the implied undertaking held.
By Nathan Hepple, James Makowiak
The Tribunal needed to decide which claims were permanent impairments under the SRC Act, having regard to the evidence.
By Brett Ablong, Claire Tota
Injured workers who are not working are only eligible for salary increases which would occur through the passage of time.
By Claire Tota, Brett Ablong
The deeming provisions in 19(4) are prescriptive, so employers must ensure that each element of the section is satisfied.
By Claire Tota
Because of the changes in his classification of employment, his NWE should be altered to correctly reflect the change.