News & Publications

“Federal Court’s power to issue worldwide freezing orders”: Deputy Commissioner of Taxation v Huang (2021) 395 ALR 616; [2021] HCA 43; [2022] (Autumn) Bar News 16 by Jeremy Harrison

Congratulations to Michael Spartalis who has been recognised in the 2021 Doyle's Guide both as a leading Mediator, and leading Counsel in NSW in the areas of Insurance Law and Negligence. 

Applications to stay competing class actions: Wigmans v AMP Ltd & Ors [2021] HCA 7 [2020] (Winter) Bar News 34 by Jeremy Harrison.

"ASIC v Kobelt: An Illustration of the Problems in Applying Community Values in Novel Situations" [2021] UNSWLawSocCConsc 9; (2021) 15 UNSW Law Society Court of Conscience 59 by Kavita Balendra.

Guess Who’s Back: The Reform of the Statutory Defence of Contextual Truth [2021] (Autumn) Bar News 26 by Jeremy Harrison.

Case note by Jeremy Harrison: MetLife Insurance Ltd v Marie Hart and Aware Super Pty Ltd and the Superannuation Complaints Tribunal [2021] FCA 410 (30 April 2021).

 

Cases of Note

Smith v M & F Hames Pty Ltd [2002] NSWPICMP 3: Misha Hammond succeeded in this MAC appeal. The case highlights the process on how to correctly identify the terms of a referral to a medical assessor in the Personal Injury Commission; when to use Chapter 8 of AMA V rather than the TEMSKI scale for scarring; and the correct assessment of spinal fractures using the DRE method.

Darma v Claremont Connections Pty Limited [2021] NSWDC 509 (24 September 2021): Kavita Balendra successfully appeared for the Defendant - Bullying and Harassment – psychiatric injury – credit.

Brockhurst v Rawlings [2021] QSC 217: Brian Dooley SC - Sexual Abuse - 13 year old student and 31 year old Female teacher. Highest award of damages in Queensland in sexual abuse case.

Addison v BHP Billiton Iron Ore Pty Ltd (No 3) [2021] NSWSC 1031: Brian Dooley SC - NSW court applying WA law for assessment of general damages, correct approach. Use of medico-legal psychometric testing to establish feigning requires much more, including other explanations that may be available [104]. The benefits of a successful cross- examination [36].

MetLife Insurance Limited v Sandstrom [2021] NSWCA 123: Brian Dooley SC appeared for a former police officer, as the respondent, in the NSW Court of Appeal in respect to a TPD claim. The appeal was dismissed. 

Hrdavec v State of New South Wales [2021] NSWSC 560: Michael Spartalis successfully defended a claim for malicious prosecution and wrongful detention brought against the State of New South Wales.

Stewart v State of New South Wales (NSW Police Force) [2021] NSWPIC 133: Misha Hammond was successful in obtaining dual entitlements to weekly compensation for an emergency services worker who exited the NSW Police Force with both physical and psychiatric injuries.

MetLife Insurance Ltd v Marie Hart and Aware Super Pty Ltd and the Superannuation Complaints Tribunal [2021] FCA 410 [2021] FCA 410: Jeremy Harrison successfully established that the Superannuation Complaints Tribunal had committed an error of law when applying a contract of life insurance, led by Neil Williams SC.

McAlister v SAS Trustee Corporation [2020] NSWDC 896: Misha Hammond was successful in securing an increase in superannuation entitlements on behalf of an injured former police officer.