Did you know? Preserving key evidence, such as the burnt out salvage of a vehicle, is crucial, and disposing of such evidence may be considered
Category: Insights
The Nemo Dat Rule
Did you know? A purchaser may not automatically gain ownership if the seller obtained the property unlawfully. This principle is rooted in the legal maxim
Enforcement of Judgments
Once a judgment is obtained against a party who fails to pay the judgment sum, various enforcement options are available. Although these options may vary
The Jones v Dunkel inference
Did you know? The decision in Jones v Dunkel (1959) HCA 8, 101 CLR 298 is a significant case for civil litigation. It relates to
Can a binding agreement be made via email?
In the legal world, binding agreements are put into writing and solidified into deeds or settlements. However, does that mean that an agreement is only
Duty to Mitigate and the Reasonableness Standard
When a party (Plaintiff) suffers loss and damage (usually from a breach of contract or tort), the approach of the Courts will be to put
Navigating Subrogation Limits – Section 65 of the Insurance Contracts Act 1984
Did you know? A key provision of the Insurance Contract Act 1984 is section 65 on subrogation. Specifically, subrogation of rights against family members or
A learner’s duty of care
Have you ever wondered whether a learner driver would be responsible for the damage to a supervisor’s vehicle, or vice versa? A learner’s duty of
Pure Economic Loss and the Power of a Good Disclaimer
On 7 August 2024, the High Court of Australia refused to find that a commercial producer of grain owed a duty of care to farmers
Vicarious Liability
Did you know? If an at-fault third party was completing a task in the course of, or connected with their employment, recovery of an insured’s
Onus and Burden of Proof in Civil Claims
In civil cases involving monetary claims for damages, breaches of contract, or tort actions, understanding the concepts of onus of proof and burden of proof
What is Bailment?
Bailment can arise when one person has temporary possession of another person’s property with an understanding to return the property to the original owner. It
The Harman Undertaking
Did you know? There is an implied undertaking that provides that documents obtained in legal proceedings are only allowed to be used for their intended
Inevitable accidents
An unusual defence can sometimes arise in motor vehicle accidents, namely that of an “inevitable accident”. This defence is raised when the defendant driver claims
Uninsured v Insured losses
Do you know who gets paid and in what order in circumstances where you have settled a matter and there are insured and uninsured losses?