Insurance in MOtion October 2025

Welcome to Insurance in MOtion! We're excited to share the latest insights and updates with you.
October 6 2025

Causation, Procedural Fairness, and the Limits of Medical Panels

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187

By Bronwyn Ackland, Partner and Poppy Scaife, Paralegal

The Allianz v Bell decision marks a key development in judicial review of motor accident injury claims. It highlights the complex relationship between medical causation, psychological injury, and statutory entitlements.

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Vicarious Liability in Labour Hire

Scott v Usinch Pty Ltd [2025] NSWSC 983

By Gabrielle Croese, Associate and Stephen Vardanega, Partner

The NSW Supreme Court recently handed down its decision in Scott v Usinch Pty Ltd, dealing with vicarious liability and damages assessment in workplace incidents involving a motor vehicle and labour hire.

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A Reminder of the Compensatory Principle: Restoring the Plaintiff, as Far as Money Can Achieve, to the Position They would Have Occupied Had the Tort Not Occurred

Stewart v Metro North Hospital and Health Service [2025] HCA 34

By Kieran De Silva, Paralegal, Christina Saldat, Lawyer and David Slatyer, Partner

In Stewart v Metro North Hospital and Health Service, the High Court unanimously set aside the decision of the Queensland Court of Appeal and clarified the principles governing the assessment of damages for future care in personal injury cases.

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10 Years and No More: NSW Supreme Court Affirms That The Home Building Act Longstop Will Not be Extended by Defect Rectification Works or an Invalid Occupation Certificate 

The Owners – Strata Plan No, 81376 v Dyldam Developments Pty Ltd and anors [2025] NSWSC 438

By Stephen Aroney, Partner and Leon Chen, Associate 

The NSW Supreme Court has confirmed the strict application of the 10 year longstop limitation under the Home Building Act 1989 (NSW). This prevents home warranty insurance claims from being made more than 10 years after the insured works are completed.

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Application to Adjourn Trial Refused 

Gaskin v The Geelong Revival Centre Pty Ltd [2025] VSCA 225

By Stuart Eustice, Partner and Sonia Yeung, Associate 

Warning: This article contains descriptions of sexual abuse. The content may be distressing or triggering for some readers. Please take care when reading, and consider whether this material is appropriate for you at this time.

Peter Gaskin brought claims against the Geelong Revival Centre over abuse by its employees between 1987 and 1991. The court refused his last minute bid to delay the trial and amend his claim, a decision upheld on appeal, reinforcing the importance of timely case management.

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It’s All in the Signs: No Breach of Council’s Duty

Warren v District Court of the Lower Eyre Peninsula (no 3) [2025] SADC 37

By Cindy Ting, Special Counsel and Bronwyn Ackland, Partner 

In a significant decision for local councils, the South Australian Court of Appeal upheld a finding of no breach of duty by the District Council of the Lower Eyre Peninsula, following a serious cliff-fall incident. The case reinforces the importance of evaluating the practicality and effectiveness of warning signage in remote public spaces.

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Why Should Security for Costs Be Ordered 

Sparks NT Pty Ltd v Angkerle Aborigial Corporations [2025] NTCA 9

By Stuart Eustice, Partner and Ashleigh Shankly, Lawyer 

Sparks NT Pty Ltd sought to enforce a contract with the Angkerle Aboriginal Corporation but faced a court order to pay security for costs due to doubts about its financial position and unpaid tax debts. Sparks’ appeal against this order was dismissed, highlighting the court’s requirement for solid evidence when contesting such decisions.

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A Snapshot of Registered Health Practitioner Misconduct in Victoria

By Stuart Eustice, Partner and Zoe Vlahogiannis, Lawyer

A snapshot of registered health practitioner misconduct in Victoria.

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