Author : Suganyaa Vishnuraj Part 8 of the the Insurance Contracts Act 1984 (Cth) (“ICA”) governs subrogation within the context of insurance law. In short, subrogation within the context of insurance law, allows for an insurer to assume the rights and duties of an insured in order to bring a claim against a third party who […]

Author: Nathan Haynes What is a Calderbank offer? A Calderbank offer is in essence an offer of settlement without prejudice. They are however distinct in that they are ‘without prejudice’ with the exception of their use in relation to the courts calculations when awarding costs. If a Calderbank offer is made and it is not […]

A Post COVID-19 Legal Profession    “If you are a conventional lawyer and you’re not prepared to adapt to the 2020’s you’ll struggle to survive, but if you are entrepreneurial and enthusiastic, forward looking, open minded, then there’s probably never been a more exciting time to be in the law.” – Professor Richard Susskind.   […]

Section 51 of the Insurance Contracts Act 1984 (Cth) (“ICA”) has shown us that third parties who have a claim against an insured, are now provided with an avenue to make a third party claims directly against the insurer. However, case law has shown that third parties bringing a claim under section 51 of the […]

Body corporates are management groups made up of the property owners within a plan of subdivision. They are responsible for the management and maintenance of the common property within a plan which is for the benefit all property owners.  The commencement of legal proceedings by a body corporate is regulated by legislation. Body corporates are ordinarily required to bring proceedings with an ordinary resolution or a special […]

The new financial year is here and there is no better time to review your cases and engage a reliable firm like ADC legal to take the next steps to litigation.   The claim may have already been through the usual recovery process, either internally, or with a “no win-no fee” agent, still no recovery. Whilst most […]

Written by: Mohammad Kashefi, LLB (Hons)    Finding the relevant law  There are many entities that would fall under the category of a public authority. Public authorities inter alia, include; councils, police and water authorities. In this paper, I will narrow down the focus on negligence actions against public authorities. In negligence actions, the relevant state law […]

Written by: Mohammad Kashefi, Solicitor, LLB (Hons), GDLP.    In ancient periods, some governments provided a risk guarantee for merchants against the perils of the sea, attacks by enemies or bad weather conditions. According to Livy,1  in 215 BCE, during the war of Iberia, the Roman army was in urgent need of supplies.     The Republic of Rome […]

By Amy Dillon, Law Clerk ADC Legal   In Australia, interest can be awarded to a Plaintiff to compensate the Plaintiff for the time it took the Defendant to pay the amount outstanding. There are two types of interest that may be awarded, pre-judgment and post-judgment interest. Each State and Territory have different legislation and rules which apply when calculating interest. This article will look at interest rates in Victoria, Queensland and New South Wales.   Victoria  […]

Whilst some customers will respond to the debt recovery techniques employed by your business or a commercial debt collection agency, others need an even firmer approach to persuade them to settle outstanding invoices. This is where legal proceedings can have the best impact.  Here are 6 reasons why you should outsource your debts to a legal […]