The decision of the Victorian Court of Appeal in QBE Insurance (Australia) Limited v Lumley General Insurance Limited [2009] VSCA 124 (QBE v Lumley) highlights that basic principles of justice and the desire of the courts to prevent unjust enrichment … Read More

In Victoria workers who suffer a Serious Injury have a right to seek common law damages against the worker’s employer and, where applicable, against other negligent third parties.  Such actions have been frequent in labour hire situations, e.g. where a … Read More

The duty of care owed by a proprietor to patrons injured by criminal behaviour in a nightclub: the law consolidated and explained by the NSW Court of Appeal. The liability of the licensee of a nightclub and restaurant to persons … Read More

On 19 December 2008, Justice McDougall delivered judgment in the Supreme Court of NSW in Towry Law v Chubb Insurance & Ors [2008] NSWSC 1352.  The decision concerned the construction of a composite policy of insurance written under a Jumbo … Read More