Searching Content indexed under Professional Negligence by DLA Piper Australia ordered by Published Date Descending.
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Legal Notebook December 2013 - valuers' liability
The UK case is a summary of general principles when assessing valuers' liability and contributory negligence of lenders.
27 Dec 2013
Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (ACN 108 571 222) and Ors - High Court Appeal
The attached article covers the High Court appeal in the case of Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd..
3 Jul 2013
Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10: proportionate liability
The attached article covers proportionate liability in the decision of Hunt & Hunt Lawyers v Mitchell Morgan Nominees.
3 Jul 2013
Proportionate liability: Vella decision overturned by Australian High Court
The decision provides much needed guidance to those seeking to rely on proportionate liability protections in Australia.
12 Apr 2013
Proportionate Liability: Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd & Ors
A key issue was the proper approach to applying the proportionate liability provisions found in the Civil Liability Act.
17 Dec 2012
Valcorp Australia Pty Ltd V Angas Securities Limited (NO 2) [2012] FCAFC 22 - contributory negligence by lenders
A lender has had its level of contributory negligence increased on appeal, from 25% to 50%.
22 Jun 2012
Restoring the Balance - The End of Loss of a Chance: Tabet v Gett [2010] HCA 12
The legal uncertainty that arose after the 2004 New South Wales Court of Appeal decision in Rufo v Hosking has ended. In an unanimous decision, the High Court of Australia has held in Tabet v Gett that damages are not available for the loss of a chance of a better medical outcome unless the plaintiff can prove, on the balance of probabilities, that he or she would have had a better outcome had the defendant not been negligent.
23 Apr 2010
Duty of Care and the "Salient Features" Test
The NSW Court of Appeal decision in Makawe Pty Limited v Randwick City Council [2009] NSWCA 412 confirms that in cases of a novel relationship, the duty of care is to be determined according to a ‘salient features’ test. The decision also deals with the question of what constitutes pure economic loss and raises the possibility of a new interpretation of section 44 of the Civil Liability Act 2002 (NSW).
29 Mar 2010
Loss Of Chance & The End Of “Rufo v Hosking”
“Gett v Tabet” [2009] NSWCA 76 has ended the legal uncertainty on the issue of loss of chance that arose after the 2004 New South Wales Court of Appeal decision in “Rufo v Hosking” [2004] NSWCA 391.
14 Sep 2009
From The International Desk
A partner in a UK law firm, entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance, was found to have failed to fulfil his obligations to notify a matter to the firm’s professional indemnity insurer.
13 Jul 2009
Negligence Update : The Architect , The Gym Owner And The Real Estate Agent
Recent cases examine an architect’s liability for a slip and fall on tiles at a shopping centre, what constitutes a ‘recreational activity’ under section 5M of the Civil Liability Act 2002 (NSW) and what is an agent’s duty when inspecting premises on a landlord’s behalf.
10 Jul 2009
Recent Queensland Cases On The Duty Of Care And Causation
A number of recent professional negligence cases decided in Queensland demonstrate the willingness of judges to make robust findings on the issue of causation of loss and make findings in favour of defendants even where there has been an obvious breach of the duty of care.
10 Jul 2009
Trespass In Medical Cases
The recent Australian Capital Territory Supreme Court decision of Ljubic v Armellin [2009] ACT SC 21 found that a doctor removed a patient’s ovaries during a hysterectomy without the patient’s consent and this amounted to trespass.
10 Jul 2009
Proportionate Liability And Non-Judicial Bodies
In Wealthcare Financial Planning Pty Ltd v Financial Industry Complaints Service Limited & Ors [2009] VSC 7 the Supreme Court of Victoria considered whether the proportionate liability provisions in the Wrongs Act 1958 (Vic) had to be applied in the determination by the Financial Industry Complaint Service of a retail investor’s complaint against a financial adviser for breach of certain provisions of the Corporations Act 2001 (Cth).
12 May 2009
Proving Medical Negligance Across Australia
Some differences across the states may soon start to appear in relation to how the courts determine whether a health professional has been negligent and what injured patients need to prove to obtain such a finding.
8 May 2009
The Blame Game - How moral culpability plays a role in the application of proportionate liability legislation
A recent case shows moral culpability is a factor in apportioning responsibility under proportionate liability legislation.
22 Oct 2008
Obligation To Pay Damages
Will increasing a patient's underlying risk impose on a hospital/doctor an obligation to pay damages?
1 Sep 2008
What Constitutes Negligent Medical Practice
Health professional negligence claims - proving peer professional opinion. Back in 1992, there was much indignation amongst the medical profession when the High Court pronounced in Rogers v Whitaker that judges could impose their own views as to what was negligent medical practice
13 Aug 2008
Liability Of Sporting Bodies & Players
Two recent NSW decisions further clarify the liability of sporting bodies and participants for injuries sustained in the course of play.
15 Apr 2008
Councils, Contractors & Clauses
The decision in Browning v Bitupave Ltd & Cessnock City Council & Anor [2008] NSWSC 19 proves instructive in the areas of the scope of a Council’s duty and contractual indemnity clauses.
15 Apr 2008
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