What is Accord and Satisfaction?
‘Accord and satisfaction’ is a two-pronged legal doctrine which was defined concisely by Gummow J in Thompson v Australian Capital...
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Insurance Law | Litigation | Dispute Resolution
MK Legal Group
Jan 171 min read
How is a claim for loss of revenue measured?
The method of calculating consequential loss as a result of damage to a business or an income earning chattel is to compare the turnover...
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MK Legal Group
Nov 1, 20235 min read
What is loss of use and how do you claim it?
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...
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MK Legal Group
Aug 2, 20234 min read
What is loss of amenity of use
Background When we think about property damage, we often focus on the physical damage, transport expenses, and loss of property. However,...
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MK Legal Group
Apr 6, 20232 min read
Limitation of actions for all Australian jurisdictions
Here’s a quick reference note on limitations of actions for debt recovery in all jurisdictions (according to current law). Fort debts, in...
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MK Legal Group
Feb 22, 20232 min read
Res Judicata insured and uninsured losses
An issue that commonly arises in insurance recoveries is the failure of the plaintiff to realise insured and uninsured losses. An insured...
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MK Legal Group
Jan 12, 20232 min read
Is an insurer’s recovery action compromised by a Release given by their insured?
One of the purposes of subrogation is to prevent one person being unjustly enriched at the expense of another. Right of subrogation...
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MK Legal Group
Nov 29, 20222 min read
Can an insurer recover damage from the driver of a vehicle that is insured?
The general rule is that an authorised driver of an insured vehicle, temporarily becomes the new insured in place of the insured person,...
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MK Legal Group
Oct 25, 20222 min read
Section 54 of the Insurance Contracts Act 1984
Section 54 aims to protect the insured’s claim from being rejected by the insurer in certain breach scenarios. But it also penalises the in
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MK Legal Group
Oct 3, 20222 min read
Can a third party bring action against the insurer of another person?
A useful provision of the Insurance Contracts Act 1984 (Cth) is section 51. Section 51 provides that a third party who is not a party to...
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MK Legal Group
Aug 31, 20224 min read
What is Misrepresentation in insurance?
What is Misrepresentation in insurance? Misrepresentation in insurance occurs when a party to a contract of insurance is provided with...
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MK Legal Group
Aug 16, 20222 min read
What is a carriers liability with respect to baggage delivered by air?
In Australia, the liability of carriers is governed by the Civil Aviation (Carriers Liability) Act 1959 (Cth) (“the Act”). A person is...
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MK Legal Group
Jul 28, 20222 min read
What is right of subrogation?
Right of subrogation is a commonly misunderstood principle. The Concise Australian Legal Dictionary defines subrogation as: “the...
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MK Legal Group
Jul 20, 20222 min read
Your rights under your insurance policy
Insurance Contracts may contain exclusion clauses. But the exclusion clauses won’t give the insurer the right to completely deny a claim....
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MK Legal Group
Jul 12, 20221 min read
In disputes success is often ill-defined.
Firstly, success should not be confused with a commercial compromise or a favourable court judgment. A commercial compromise is usually...
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MK Legal Group
Jul 7, 20221 min read
In insurance contracts, you have to act in utmost good faith and make disclosure
There is certain information that is vital to the formation of a contract of insurance (“COI”). Concealment or misrepresentation of...
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MK Legal Group
Jun 28, 20222 min read
What are the Consumer Guarantees and who is covered by them?
Australian Consumer Law, Consumer Guarantees, Who is protected and who is not protected.
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MK Legal Group
Jun 25, 20222 min read
What is a contract of insurance?
What is a contract of insurance?
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MK Legal Group
Jun 25, 20221 min read
A hidden element of dispute resolution
Think about how to resolve your dispute
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MK Legal Group
Jun 25, 20221 min read
Seek lawyers assistance when drafting documents
Seek lawyers assistance when drafting documents
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