Author: mklegal

The term “without prejudice” is a common law rule that enables the opposing parties to negotiate without fear that adverse inferences may be drawn from what they say during settlement negotiations, whether written or oral. Under this rule, statements made by the parties with a view of resolving or narrowing a dispute will be inadmissible […]

‘Accord and satisfaction’ is a two-pronged legal doctrine which was defined concisely by Gummow J in Thompson v Australian Capital Television Pty Ltd [1996] 186 CLR 574 as consisting of an ‘agreement or consent (accord) to accept something in place of the full remedy to which the recipient is entitled (satisfaction)’. Through gradual finessing of […]

The method of calculating consequential loss as a result of damage to a business or an income earning chattel is to compare the turnover in the months following the damage, with that in the corresponding period in the twelve months preceding it. This method of calculation however gets tricky if special circumstances apply. For example, […]

In an action for damages, a plaintiff would generally have a claim for direct damages. For example, a claim for cost of repairs of a damaged vehicle. This is commonly referred to as special damages or economic losses. Direct damages are generally easily calculated as they would be supported by invoices, receipts and/or assessment reports. […]

Background When we think about property damage, we often focus on the physical damage, transport expenses, and loss of property. However, there is another significant aspect that is often overlooked: the loss of amenity of use. This legal concept recognises the intangible impact that injuries can have on a person’s enjoyment of life, their ability […]

Here’s a quick reference note on limitations of actions for debt recovery in all jurisdictions (according to current law). Fort debts, in every jurisdiction (except for the Northern Territory), a debt may not be recoverable after a period of 6 years from the date on which the cause of action first accrues. In the Northern […]

An issue that commonly arises in insurance recoveries is the failure of the plaintiff to realise insured and uninsured losses. An insured person under an insurance policy is only covered for specific losses in accordance with the insurance policy. A motor vehicle insurance policy for example may cover the insured for damage to the insured […]

One of the purposes of subrogation is to prevent one person being unjustly enriched at the expense of another. Right of subrogation allows an insurer who has indemnified the insured against loss to step into the insured’s shoes and pursue recovery of the loss in the name of the insured. In insurance recoveries, the doctrine […]

The general rule is that an authorised driver of an insured vehicle, temporarily becomes the new insured in place of the insured person, for the time that they are in control of the insured vehicle. Though, the authorised driver is not the party to the contract and may not even know about the existence of […]

Section 54 of the Insurance Contracts Act takes a bit of time to digest. So, let’s look at section 54 through some examples. Section 54 affects contracts of insurance which permit an insurer to refuse to payout a claim, either in whole or in part, because the insured has done some act or omission after […]