Insurance
Is AFCA’s decision in line with procedural fairness or just an unfair decision?
In Australian Capital Financial Management Pty Ltd v Australian Financial Complaints Authority Limited [2021] NSWSC 1577, Justice Ball considered two...
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Everything that was blurry is now clear – The High Court clarifies the recovery of hire car costs
On 8 December 2021, the High Court of Australia handed down its judgment in Ahya-Ud-Din Arsalan v Alex Rixon; Dylan...
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What is recoverable in motor vehicle property damage proceedings?
A reminder about the rule in Millar v Candy [1981] FCA 239. Facts The respondent was in possession of a...
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A Beginner’s Guide to the Linguistics of Insurance
Are you involved in an insurance-related dispute? Below is a summary of insurance terminology that you may encounter. Aggregate– the...
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Is My Insurance Contract Unfair?
From 5 April 2021, the ‘unfair contracts’ provisions of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) have been...
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Pleading fraud and the difficulties faced by insurers
In Sgro v Australian Associated Motor Insurers Ltd [2015] NSWCA 262, the New South Wales Court of Appeal determined that...
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