Contact: Shannon O'Hara, Senior Associate
The Northern Territory Supreme Court recently found in favour of four defendants to a common law claim for damages for catastrophic personal injuries sustained by a passenger during a low altitude aerial mustering accident.
Contact: Peter Dovolil, Special Counsel
The Queensland Court of Appeal has recently elected not to provide certainty in relation to the applicability of the volunteer immunity contained within the Civil Liability Act 2003 (Qld) (CLA) to community organisations in respect of the negligent acts of its volunteers.
Contact: Michael Bath, Partner, Rochelle Rieck, Senior Associate and Beau Mollinger, Associate
In late December 2015, the Federal Court of Australia announced the establishment of an insurance list as part of its ongoing series of case management reforms known as the National Court Framework (NCF).
Contact: Stephen White, Partner and Emma Fitzgerald, Solicitor
Carter Newell has recently successfully defended a claim against an occupier for damages for personal injuries sustained by a security guard while inspecting commercial premises in the course of his employment with a security contractor.
In AIG Europe v OC320301 (formerly the International Law Partnership LLP),1 England’s Commercial Court considered the standard aggregate claims provision contained within English and Welsh solicitors’ professional indemnity insurance policies.
The court declined to allow a number of claims (lodged by hundreds of investors who lost money due to a failed system devised by the defendant law firm) to be treated as one claim. The claims were said to be separate on the basis that the claims were not dependent on one another and therefore not a ‘series of related transactions or matters’ as required by the policy.
The significance of this decision lies in the far reaching application of this standard aggregation clause. Insurers and insureds should consider their respective liability when confronted with multiple claims of a similar nature.