The NSW Court of Appeal explains the effects of the 2012 amendments to the Workers Compensation Act 1987 in relation to claims for damages by non-workers for nervous shock injuries in WorkPac Pty Ltd v Thearle  NSWCA 303.
Recent Queensland professional liability cases illustrate the influence of rule 5 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) on the court's decisions to dismiss claims were the plaintiffs have been dilatory in prosecuting them.
Insurance is designed to protect an insured from losses caused by their inadvertence or events outside their control. A critical challenge for insurers is assessing when the insured's conduct has gone beyond mere inadvertence and evolved into recklessness.
Prince Alfred College Incorporated v ADC  HCA 37
The recent District Court of Queensland decision of Reynolds v Sunsuper Pty Ltd & Anor  QDC 129, regarding the plaintiff's entitlement to a Total and Permanent Disablement (TPD) benefit, has potentially provided some long awaited certainty on the application of the Date of Assessment in Queensland.
A trend in superannuation litigation is for claims against trustees to allege a failure to "do everything that is reasonable to pursue an insurance claim for the benefit of a beneficiary, if the claim has a reasonable prospect of success." So what is everything reasonable for a trustee to do when pursuing an insurance claim for a member?