Bridget Wall
Owerri
A lady after God's heart 💖
song writer ✍️ and counselor💥🔥
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Articles by Bridget Wall
20 years too late: Court sets clear expectations for delay in personal injury claims
Building on our discussion of 'material facts of a decisive character' in the knowledge of the plaintiff in our 2024 article, a recent Queensland Supreme Court decision clarifies what counts as taking 'reasonable steps' to ascertain these material facts. The plaintiff, Cheryl Ringelstein, underwent a total abdominal hysterectomy and posterior repair at Caboolture Hospital in June 2004.
No case without cause – NSW Supreme Court rejects negligence claims…
Insights9 Dec 2024 By Bridget Walland Michael Webster The Supreme Court of New South Wales has dismissed a claim against two different solicitors, Mr Hanrahan and Mr Brown, in Fussell v Hanrahan t/as Dignan & Hanrahan Solicitors [2024] NSWSC 1388. As against Mr Hanrahan, the court found that he had breached his duty of care but the breach was not causative of any loss. As against Mr Brown, the court found that neither breach or causation could be established.
A suspicion is not knowledge
The legislation In Victoria, under the Act, a person injured through negligence has 12 years from the date of the negligence to bring an action unless the cause of action was discoverable before the expiration of the 12-year period. In that case, the limitation period is three years from the ‘date of discoverability’.
Out of time? Does knowledge of injury count as a ‘material fact’?
By Bridget Wall and Tammy Tang Following our recent article on limitation periods across Australia, two recent Queensland decisions, Rodgers[1] and Lander,[2] consider the extension of limitation periods under section 31 of the Limitation of Actions Act 1974 (Qld) (LAA) and what constitutes ‘material facts of a decisive character’[3] in the knowledge of the plaintiff.
NSWCA confirms counterfactuals are a matter of 'proving' the 'probability' of causation
By Bridget Wall and Daniel Simpson The New South Wales Court of Appeal has overturned the judgment against HWL Ebsworth Lawyers in the decision of Bluth v Boyded Industries Pty Ltd. It found the client’s loss wasn’t caused by the breach of duty when the solicitor failed to advise that lodging a caveat (in accordance with their client’s instructions) would entitle the other parties to terminate the deed.
Time’s (not) up: limitation periods in medical negligence cases
In the recent decision, LTP v Natalwala [2023] WASC 414, the Supreme Court of Western Australia extended the limitation period for a personal injury claim stemming from medical treatment in 2011. Across Australia, there’s no single law governing limitation periods, which leads to variations in when these periods start (like from the injury date, the date the cause of action first arises, when the injury is discovered or when the person becomes aware of significant injury).
Time’s (not) up: limitation periods in medical negligence cases
Thinking | 28 February 2024 By Bridget Wall, Seun Idowu and Taylah Davidson In the recent decision, LTP v Natalwala [2023] WASC 414, the Supreme Court of Western Australia extended the limitation period for a personal injury claim stemming from medical treatment in 2011.
It’s all in the construction: Zurich Australia Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188
The Full Court of the Federal Court of Australia has dismissed an appeal by Zurich Australian Insurance Limited (Zurich). This appeal challenged a prior ruling that determined FKP Commercial Developments Pty Limited (FKP Commercial) had the right to coverage for ‘claim expenses’.
It’s all in the construction: Zurich Australia Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188
By Bridget Wall and Daniel Simpson The Full Court of the Federal Court of Australia has dismissed an appeal by Zurich Australian Insurance Limited (Zurich). This appeal challenged a prior ruling that determined FKP Commercial Developments Pty Limited (FKP Commercial) had the right to coverage for ‘claim expenses’.
Successfully proving the causation counterfactual: it’s all in the evidence
By Bridget Wall and Daniel Simpson In the latest decision on solicitors’ negligence, the Supreme Court of New South Wales in the matter of Boyded Industries Pty Ltd v Bluth & Ors[1] found against a solicitor for failing to advise his client that lodging a caveat (in accordance with their client’s instructions) would entitle the other parties to terminate the deed.
Whose contract works? Everyone’s contract works: determination of the scope of a contract works exclusion
By Bridget Wall and Gretel Burns The Federal Court of Australia in the decision of Prestige Form Group NSW Pty Ltd v QBE European Operations PLC[1] recently considered the vexed question of whose ‘contract works’ are excluded from cover in a general liability policy. This issue is frequently the subject of disagreement between insureds and insurers as to whether it is only the insured’s contract works or all contract works, including third parties, that are excluded.
Commercial opportunity enough for personal advantage exclusion in D&O policy to apply
Hakea Holdings Pty Ltd v Neon Underwriting Limited for and on behalf of the Underwriting Members of Lloyds Syndicate 2468 [2023] FCAFC 34 The Full Court of the Federal Court has found that a commercial opportunity will fall within the meaning of ‘personal profit or advantage’ in an unfair advantage exclusion contained in a directors and officers liability insurance policy (D&O policy).
You win some, you lose some: a mixed start to 2023 for solicitors’ negligence claims
The Supreme Court of New South Wales and the New South Wales Court of Appeal recently delivered judgment in two cases alleging negligence on the part of solicitors. In the Common Law Division, the Court gave judgment against the law firm in Lindsay-Owen v HWL Ebsworth Lawyers [2023] NSWSC 68. In Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2023] NSWCA 23, the Court found in favour of the firm.
An integrated platform for genome engineering and gene expression perturbation in Plasmodium falciparum
Abstract Establishing robust genome engineering methods in the malarial parasite, Plasmodium falciparum, has the potential to substantially improve the efficiency with which we gain understanding of this pathogen’s biology to propel treatment and elimination efforts. Methods for manipulating gene expression and engineering the P. falciparum genome have been validated.
Social event registration policy expanded to suites - The Tufts Daily
Social event registration policy expanded to suites Suite residents, including those in Haskell Hall, Wren Hall and Latin Way, were notified by their residence directors in mid-September that social gatherings of 15 students or more should be registered and approved by the Office of Residential Life and Learning (ORLL).
Eco-Reps pilot new Tufts Meal Plan Takeout program - The Tufts Daily
Eco-Reps pilot new Tufts Meal Plan Takeout program During the month of September, Tufts Dining piloted a new program called Tufts Meal Plan Takeout with the Tufts Eco-Representatives (Eco-Reps). This program allows students a limited amount of time to fill a reusable container with the food of their choice and then take it out of either Carmichael or Dewick-MacPhie Dining Centers to eat wherever they choose.
Greg McGonigle departs from Tufts, Jennifer Peace named interim chaplain - The Tufts Daily
Greg McGonigle departs from Tufts, Jennifer Peace named interim chaplain Former University Chaplain Reverend Greg McGonigle left Tufts to serve as University Chaplain and Dean of Spiritual and Religious Life at Emory University in Atlanta, Ga., according to a July 2 email from McGonigle and University President Anthony Monaco. McGonigle served as the chaplain at Tufts since 2013.
At town hall meeting, students voice concerns about Group of Five centers
At town hall meeting, students voice concerns about Group of Five centers Dean of Student Affairs Mary Pat McMahon and Senior Associate Dean of Student Affairs Raymond Ou answer questions posed by a student in the Interfaith Center on March 27.
New admissions programs give prospective students personal view of Tufts - The Tufts Daily
New admissions programs give prospective students personal view of Tufts 08/20/2018 – Medford/Somerville, MA – The Jumbo mascot outside of Dowling Hall is pictured on Aug. 20, 2018. (Mengqi Irina Wang / The Tufts Daily) The Tufts Admissions Office has been working with students in recent months to create new outreach programs to appeal to different groups of prospective students.
Bernard Fraga discusses race, turnout gap at Tisch College Civic Life Lunch - The Tufts Daily
Bernard Fraga discusses race, turnout gap at Tisch College Civic Life Lunch 02/13/2018 - Medford/Somerville, MA - The inside wall of Tisch College is pictured on Feb 13, 2018. (Ben Kim / The Tufts Daily) The Jonathan M. Tisch College of Civic Life hosted its first Civic Life Lunch of the semester on Feb.
Tufts develops master's degrees in diversity and inclusion leadership, data analytics - The Tufts Daily
The Graduate School of Arts and Sciences (GSAS) has been developing two new master’s programs: the Master of Arts in Diversity and Inclusion Leadership and the Master of Science in Data Analytics. According to Dean of the GSAS Robert Cook, both degrees emphasize an interdisciplinary approach, with many university departments participating in the development of the two programs.
Tufts community gathers for watch party on election night - The Tufts Daily
Members of the Tufts community gathered in the Mayer Campus Center’s Hotung Café Tuesday night to watch, discuss and celebrate the results of the 2018 midterm elections. Energy levels were high throughout the night, and many students stayed until 11:00 p.m., the end of the event. The event, entitled “Election Night Watch Party,” was planned and organized by JumboVote with the help of the Tufts Democrats, Tufts Republicans, Jonathan M.
Liz Walker discusses healing, community trauma at Civic Life Lunch - The Tufts Daily
Reverend Liz Walker spoke about her work on trauma and the healing process in local communities on Oct. 9 in the Rabb Room as part of the Jonathan M. Tisch College of Civic Life’s Civic Life Lunch. The event, called “Finding Grace After Trauma: Empowering Communities to Heal Together,” was co-sponsored by JumboVote, the Africana Center and the University Chaplaincy. Walker began her career as a journalist, becoming the first African-American television news anchor in Boston.
SMFA expands full-time staff with five new hires - The Tufts Daily
The School of the Museum of Fine Arts at Tufts (SMFA) hired five new staff members this fall in a variety of different departments, according to Dean of the SMFA Nancy Bauer. The SMFA had job openings for an artist in any field as well as teaching positions for photography, metal working, drawing and painting.
expert evidence assisted in finding of no…
Insights19 Mar 2025 By Bridget Walland Alex Gehrke Facts In a recent Supreme Court of Queensland decision of Filmalter v Swenson [2025] QSC 32, the plaintiff, Sue Filmalter, sued the defendant, Dr Margaret Swenson, for negligence, breach of contract (considered with respect to section 22 of the Civil Liability Act 2023 (Qld) (CLA)), and breach of sections 60 and 61 of the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
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