Find the latest newsbits from VCDG regarding events or other important information.
The VCDG thanks you for your support in 2018 and wishes you all a safe and festive holiday season and a Happy New Year in 2019!
The last few years have seen an influx of credit hire and credit repair claims being brought against the insurers of‘ at fault’ parties. Whether the matter relates to repairs performed on credit or credit hire car charges, it is largely decided that the Plaintiff is only entitled to damages within market range of other mainstream repair or hire car companies. Unfortunately, with the formation of new entities purporting to provide services on credit, and the ever-changing market rates of services, not even well-established case law will deter a high percentage of credit matters being litigated; leading to high expenditure by insurers. See full article http://www.turkslegal.com.au/sites/default/files/publications/TurkAlert%20-%20Small%20win%20for%20insurers%20dealing%20with%20credit%20claims.pdf
In the recent judgment of Gayle v Fairfax Media Publications Pty Ltd (No 2); Gayle v The Age Company Pty Ltd (No 2); Gayle v The Federal Capital Press of Australia Pty Ltd (No 2)  NSWSC 1838, the NSW Supreme Court ordered three defendants to pay a combined $300,000 in damages to famous West Indian cricketer, Chris Gayle for articles published by Fairfax Media in Sydney, Melbourne and Canberra, which claimed Mr Gayle exposed himself to a female massage therapist while in Australia for the World Cup in 2015. See full article https://www.gclegal.com.au/limelight-newsletters/publishers-up-for-300000-for-publishing-defamatory-newspaper-articles-actuated-out-of-malice/
The Wayne Tank principle operates with the effect that insurers may avoid liability where there are multiple causes of damage and only one of these causes of damage falls within an exclusion clause under the policy. In rejecting the Plaintiffs’ claims following flooding in the Brisbane CBD in January 2011 his Honour Justice Davis pointed out that insurers cannot simply rely on the Wayne Tank principle and they must consider the application of the contractual intentions of the parties and in particular the wording of the exclusion itself before relying on Wayne Tank to decline a claim. here.
Gilchrist Connell's latest Limelight edition explores the recent decision of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd  VSC 246 which held that a limitation clause in a construction project that sought to restrict the time in which a party could bring a misleading or deceptive conduct claim under the Australia Consumer Law (ACL) was unenforceable. See the full article by Katherine Czoch and Marini Mann here.
Just a reminder that seats are still available at our upcoming trivia night. If you wish to attend, please contact us as soon as possible.
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Our next event is in at XYZ to discuss Z and Y about K.
Seminars organised by VCDG provide an opportunity for attendees to learn, network and engage in discussion whilst earning CPD/CIP points.
Our dedicated VCDG committee strive to put together topical and informative events to cater to all aspects of the insurance industry. If you have any questions please contact the committee.
With regular events VCDG offers an oppurtunity to stay up to date with industry conventions. Click here to view our upcoming events.