Legal Affairs / General

Discovery case: SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim

Delivery of record for PAJA review – Rule 53

Interpretation rules: protection afforded to the insured against repudiation

Vehicle as ‘tool of trade’ and ‘loading’ under insurance exclusion (AUS)

In July 2023 the Australian Federal Court held that an excavator loaded onto the back of a trailer which struck a bridge was not a “vehicle” excluded from cover under the Public and Product Liability Insurance Policy, but an included “tool of trade”. The court also held that whilst the excavator was being conveyed between sites, the damage was no longer an element of the “loading” of the vehicle, despite an error made whilst loading.