THE LAWYER and the CONTRACT BASED ON AUSTRALIAN STATE LAW.

TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree.  Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’[1] applied to a contract of sale based on Victorian law. The CISG’[2] has been adopted worldwide […]

A beautiful summary of how the Court views evidence that you submit.

the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….

Setting fire to Hammoud Brothers

This decision could further dilute the application of Hammoud Brothers and the availability of the ‘no insured event’ defence for insurers. Ultimately insurers should be reviewing the wording of their policies to ensure that insured events are worded in such a way as to require insureds to discharge their burden of proving fortuitous insured events.

Subrogation – Where your Insurance company goes after the party at fault

When entering into a settlement and subrogation agreement, it is essential that you are comfortable with the amount for which you are indemnifying the insured. If the amount is based on unreasonable assumptions and figures, or you are in fact mistaken about the loss suffered, the insured amount may not be recoverable in any subrogation claim.