We are delighted to welcome you to the latest edition of the HWL Ebsworth Insurance Review.
We are pleased to bring you a quarterly series of articles addressing a range of the latest issues and cases from different States and Territories relevant to various lines of business.
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In this edition we review the following topics:
Plea in ACCC’s first ever criminal cartel case
We discuss the first criminal prosecution of a cartel matter in Australian since the criminal cartel offence provisions were first added to the then Trade Practices Act in 2009.
To read more click here.
Nervous shock where the tortfeasor is the primary victim: Finding the end point to the legal consequences of a careless act
We analyse the recent decision of Homsi v The estate of Homsi in the Victorian Supreme Court where the deceased victim was the only tortfeasor and where his mother, as plaintiff, alleged he owed her a duty as the ‘secondary victim’. The court was required to determine whether the son owed a duty of care in driving his vehicle to ensure he did not suffer injury or death that might result in psychiatric injury to his mother.
To read more click here.
Evidence of causation required to get negligence claim off the ground
The recent High Court decision in Robinson Helicopter Company v McDermott [2016] HCA 22 is a useful reminder to defendants (and their insurers) that, even when a plaintiff can point to an alternative system of work or instructions, that alone is not sufficient to result in a finding of negligence. The plaintiff must go on to demonstrate the deficiency was causative of their loss.
To read more click here.
The role of ‘reasonable care’ in Proportionate Liability
In Cassegrain v Cassegrain [2016] NSWCA 71 (15 April 2016) Basten AJ emphasised the need to establish, in proportionate liability cases, that liability arose from ‘a failure to take reasonable care’ and considered whether a breach of fiduciary duty was sufficient; noting the ‘strenuous debate’ surrounding the application of proportionate liability in cases of ‘strict liability’.
To read more click here.
Full Federal Court overturns ASIC’s win
We review the Federal Court’s decision to allow appeals by five former directors against ASIC’s case of findings at first instance that they had beached their statutory duties. This Full Court decision is another setback for ASIC in some of the cases ASIC has pursued in connection with directors’ statutory duties.
To read more click here.
Justice Elkaim’s first civil decision in the ACT Supreme Court
We discuss the first decision handed down by Justice Elkaim of the ACT Supreme Court in a civil matter with conflicting evidence in the histories given to medical assessors, the oral evidence given by a plaintiff and the manner in which the claim is particularised.
To read more click here.