The case of Moore v Goldhagen involves a claim for damages following an incident in September 2017, where Mr. Moore (“the applicant”) alleged that he was injured while attempting to board a bus at a bus stop in Moorabbin. The applicant alleged that the bus driver (“the respondent”) closed the doors and drove off, causing him to fall and sustain injuries. He made reports to both Victoria Police and the Transport Accident Commission (“TAC”), which recorded details of the incident, including that the bus may have mounted the kerb.

The Australian Securities and Investments Commission (ASIC) has urged insurers to improve their systems following a major Federal Court decision involving Insurance Australia Group (IAG). The Court found that IAG made false and misleading representations to customers regarding loyalty discounts…

The Australian Securities and Investments Commission (ASIC) has confirmed that insurance claims handling will be a key enforcement priority for 2024. This follows a year of regulatory focus on pricing misconduct in the insurance industry…

In the case of Piedimonte v Transport Accident Commission [2023] VCC 1698, Ms. Piedimonte (“the plaintiff”), sought leave to initiate common law proceedings against the Transport Accident Commission (“TAC”)(“the defendant”) for injuries sustained in a transport accident on 1 April 2016. The primary issue was whether her right hip injuries, specifically a labral tear and osteoarthritis, were caused or aggravated by the accident or were the natural progression of a pre-existing condition.

The case of Kozarov v Victoria [2022] HCA 12 concerns a claim brought by the appellant, Mr. Kozarov, who sought compensation under the Victorian WorkCover scheme for injuries sustained during his employment with the State of Victoria. Mr. Kozarov, employed as a public transport driver, was involved in a workplace accident that led to severe back and neck injuries.

In Simmonds-Thatcher v Kamari [2021] VSCA 133, Ms. Simmonds-Thatcher (“the plaintiff”), was a passenger in a taxi that stopped to drop her off. After stopping, she walked around the rear of the stationary taxi and stepped onto the street, where she was struck by a vehicle driven by Mr. Kamari (“the defendant”). The driver of the vehicle claimed that he did not have an opportunity to see Ms. Simmonds-Thatcher before the collision. 

The case has been the catalyst for exclusions in professional indemnity insurance cover, withdrawals of insurance cover and increased premiums for practitioners in the building and construction industry, including consultants such as those in this case (architects, building surveyors and fire engineers)…

In Owners Corporation PS505245E and Ors v Moresi Builders Pty Ltd and Anor (Domestic Building) [2011] VCAT 1630, the Owners Corporation PS505245E and individual lot owners (“the applicants”), initiated proceedings against Moresi Builders Pty Ltd (“the builder”). The builder was responsible for constructing their residential multi-unit residential complex located in Richmond.