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Insurance non-disclosure – The Importance of what an Insurer knows
In 2017, the Supreme Court considered a dispute about whether an insurer had to pay out a claim in circumstances where it alleged its insured had failed to disclose relevant matters in its proposal....
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What Is the Value of a Lost Opportunity?
When is a ‘lost opportunity‘ really lost? And, when it is, what’s it worth? These were the questions considered by the NSW Court of Appeal in the recent decision Mal Owen Consulting Pty Ltd v Ashcroft...
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Issues with Expert Evidence
Many cases before the courts involve expert reports – such as medical evidence in personal injury cases; accounting evidence in loss of profit cases; and valuation evidence in property cases. However...
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The aging process –legal mental capacity
In Re Estates Croft, deceased [2018] NSWSC 1303 a couple with 6 children, made last Wills which favoured certain children rather than each other. This led to some children receiving more of the...
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Insurance Policies and Claims for Damages
Consider this scenario: a self-employed carpenter earns $1,000 per week. He has income protection insurance, mainly in case he suffers a work injury. He is injured when, whilst visiting friends, a...
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Superannuation benefits – a trap for executors
Some years ago, I was involved in some litigation that arose when a man died leaving superannuation entitlements (but without nominating an intended recipient) and had nominated his partner as the...
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The legal tangle of family finances
It is common for family members who provide financial support for each other not to put those arrangements in writing. It is also common for lawyers to see those family members after the event when...
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Strategic Settlement Offers Must Be The Real Thing
Summary The court did not award a higher rate of costs to a defendant despite the outcome of the case being better than an early offer it had made. Background The plaintiff was a South African food...
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Termination of Lease for Demolition – Is Good Faith Required?
It is common for leases, particularly in shopping centres, to contain clauses allowing the landlord to terminate the lease if they have plans to demolish the building (or the part containing the leased...
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Making a Will “In Contemplation of marriage”– Part 1
Part 1 – The Facts This short, two part article, looks at an aspect of will making that is familiar to lawyers, but perhaps not to the general public. It relates to the effect of marriage on a will. A...
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