• Expertise
  • Insurance & Health Law
  • Family Law | Wills & Estates
• Our Team
• Insights
  • Insurance & Health
    • Building, Construction & Property
      • Separating the Biowood from the ACP's
        • Background
        • Tribunal Appeal Panel Decision
        • Implications
        • References
      • Code of Conduct for Building Surveyors in Victoria to take effect on 1 January 2021
      • Building Sector Overhaul in NSW
        • DBP Act
        • RAB Act
        • Retrospective effect
        • Implications
        • REFERENCES
      • Victorian Government to fast-track cladding rectification scheme and give builders a chance to rectify their own work
      • Insurance implications of the VBA’s “tough stance” on building practitioner conduct
      • Combustible cladding claims amidst the coronavirus crisis
      • Fix now, litigate later: Building Amendment (Cladding Rectification) Bill 2019 (Vic)
      • Government response to combustible cladding crisis
      • A day clad with announcements
      • ‘The Composite Cladding Crisis’: Will the Building Surveying Industry ‘self-combust’?
      • Combustible cladding in Australian construction – where to from here?
      • ‘Non-compliant’ cladding issues update
      • Are claims for breach of the implied warranties in domestic building contracts apportionable claims? – An overview of the positions in NSW, VIC and QLD
      • Clad Wrap: Implications for insurers arising out of non-compliant cladding
      • UPDATE: Building Legislation Amendment (Consumer Protection) Bill 2015 (Vic)
      • Building Legislation Amendment (Consumer Protection) Bill 2015 (Vic)
      • Volvo announces it will accept full liability if its autonomous cars are involved in a crash
      • Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
      • Expert evidence used to support an insurer’s declinature of cover under a policy
      • Terrorism Insurance: When are terrorism exclusions effective and what more needs to be done for the victims of terrorist acts?
      • Waiver of privilege by disclosure to insurer
      • Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
      • Flood decision has potential to unleash a torrent of claims
      • A professional services exclusion defeats an insured builder's claim for indemnity under a public & products liability contract
      • The lucky number for insureds is still 54...
      • Aggregation & the World Trade Center
      • The pitfalls of relying on insurance that has been arranged by others...
      • Should insurers be identified as “interested non-parties” in litigation?
      • Interest under section 57 of the Insurance Contracts Act 1984
      • What do the words ‘arising out of’ actually mean?
      • The Insurance Industry and Disaster Events
      • World Trade Centre Default Judgement - But enforcement may be difficult
      • The Queensland Flood Crisis - Part 3
      • Can Bob the Builder still fix it? The Design and Building Practitioners Act 2020 (NSW) and implications for insurers
      • The Queensland Flood Crisis - Part 2
      • The name’s Bond, Strata Building Bond… and Inspection Scheme
      • The Queensland Flood Crisis - Part 1
      • Punitive damages - developments in the US
      • It's Time
    • Class Actions
      • Common fund orders in class actions considered again
      • Money Max & ors in the Money with Class Action Settlement against QBE Approved
      • Class Actions in Australia: Issues for Insurers in 2017
        • Thank you
    • Compulsory Third Party (CTP)
      • Court of appeal upholds duty of care owed to police officer as a first responder to accident
      • Pleading involvement in a claims-farming scheme - where there is no law against it…
      • Calling for Reform – MAIA: ‘Simplification, Clarification and not Complication’
      • Speeding motorcyclist’s damages reduced by 80% for contributory negligence
      • Calculating financial dependency damages in wrongful death (dependency) claims
      • Imperfect plaintiff found credible: Spencer v Downie and Anor [2019] QSC 98
      • CTP Scheme in South Australia opened up to competition
      • Queensland Supreme Court sanctions record settlement
      • Crime does not pay – criminal offence defeats CTP claim for damages
      • Queensland Introduces Bill to Block ‘Insidious’ Claim Farming Practice
      • Car v bicycle and the need to pay attention at all times
      • Driverless Vehicles: Australia is playing catchup
      • Contributory negligence – a tale of two intoxicated plaintiffs
      • When is a duty of care owed to the first responders to fatal accidents?
      • 2018 NSW Parliamentary Review of the Compulsory Third Party Insurance Scheme
      • Lack of Contemporaneous Medical Records and Inconsistencies in Evidence
      • The rise of e-bikes
      • Truck v bicycle and the obligations to maintain a proper lookout
      • The status of mobility scooters in the South Australian, Compulsory Third Party Scheme
      • Driving in the course of employment – is the employment a significant contributing factor?
      • When is a road a road?
      • Accident investigations: is there a role for reconstruction evidence?
      • The big ticket changes in the new Motor Accident Injuries Act 2017
      • Does a driver always owe their passengers a duty of care?
      • What actions will constitute the 'driving' of a motor vehicle?
      • Can a participant in the NSW Lifetime Care and Support Scheme 'withdraw' from the Scheme?
      • The unstoppable drive of automated vehicles - likely impacts on CTP Insurers
      • Motor Accident Injury Bill 2017
      • Claim dismissed due to plaintiff’s delay and non-compliance
      • Court of Appeal orders a re-trial regarding whether an unidentified motor vehicle caused the accident
      • Just Horsing Around – the rule in Searle v Wallbank
      • Garbo found to have been negligent on bin day
      • Down to the wire
      • Comma sense: motor vehicle defect exclusion read down due to punctuation
      • The High Court decides – When is it reasonable to travel with a drunk driver?
      • NDIS set to launch early in Queensland
      • Volvo announces it will accept full liability if its autonomous cars are involved in a crash
      • High Court decides on nervous shock claim arising out of motor vehicle accident. King v Philcox [2015] HCA 19
      • Court of Appeal delivers clarity on journey claims
      • Goreski v de Costa [2014] ACTSC 233
      • Victoria or New South Wales? A question of applicable law
      • Tinworth v Haydon & Insurance Australia Limited [2014] QCA 183
      • T and X Company Pty Ltd v Chivas [2014] NSWSCA 235
      • Nettleton v Rondeau [2014] NSWSC 903
      • Credit Crunch - Attacking the credibility of plaintiff pays dividends
      • Queensland Claims Farming Legislation in Force from 5 December 2019
      • Inconsistent evidence results in judgment for the Nominal Defendant
      • Unavoidable Accidents
      • AAI Ltd & Anor v Miles [2014] QCA 22
      • Council not liable for injuries after car loses control in roadworks area
      • Non-disclosure and misrepresentation - Michail v Australian Alliance Insurance Co Ltd [2013] QDC 284
      • NSWCA rules on liability evidence and contributory negligence in blameless motor accident case
      • Plaintiff beats MFO at trial and seeks indemnity costs
      • Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident
      • Pedestrian walking on a road hit by vehicle with lights on low beam
      • CTP.Files | March 2020
      • Claimant must comply with request to attend MACA medical to continue claim
      • CTP.Files | March 2019
      • The Supreme Court of Queensland considers whether a pedestrian was negligent after being hit by a motor cycle while crossing the road
      • ACT Supreme Court looks at the meaning of ‘motor accident’
      • CTP.Files | November 2018
      • Illegality of electric cycle not determinative of liability or contributory negligence
      • The rise of driverless vehicles - who's in control?
      • CTP.Files | July 2018
      • No blameless accident in NSW unless fault in owner’s use or operation of vehicle
      • What do the words ‘arising out of’ actually mean?
      • CTP.Files | March 2018
      • Rent is a medical benefit under Motor Accidents Regulations
      • CTP.Files | June 2017
      • Insurer not liable for catastrophic injuries of unlicensed driver
      • CTP.Files | April 2017
      • Witnesses and traffic history quash motorcyclist’s claim for damages
    • COVID-19 Insights
      • We may not be ok. Taking care of mental health during Covid-19
      • How do I obtain informed consent to a Telehealth consultation?
      • How does COVID-19 impact clinical trials in Australia?
      • How does COVID-19 impact my AHPRA notification and other regulatory matters?
      • What do I do if a patient discloses they are not self-isolating?
      • How do I ensure continuity of care during COVID disruptions?
      • Changes in prescribing Hydroxychloroquine due to COVID-19
      • The Checkup Episode 14: On the frontline of COVID-19 with Dr Lai Heng Foong
      • FWC JobKeeper decision does not end in employee’s favour
      • The JobKeeper Legislation: What it means for you
      • The JobKeeper Legislation FAQs
      • COVID-19 and its impact on employers and employees - an FAQ
      • Life in Lockdown: how changes in our movements will impact the injury liability claims landscape
      • Workers' Compensation and COVID-19 Series - Part 4 – Psychiatric injuries during the COVID-19 pandemic
      • Workers’ Compensation and COVID-19 Series - Part 3 – Independent Medical Examinations in the age of COVID-19
      • Workers’ Compensation and COVID-19 series – Part 2 – Entitlement to workers’ compensation for injuries sustained whilst working from home
      • Workers’ Compensation and COVID-19 series – Part 1 – Entitlement to workers’ compensation in Queensland for COVID-19
      • The response to COVID-19: will insurers in Australia measure up?
      • How Covid-19 Workers' Compensation Changes Impact the Assessment of Damages in SA
      • COVID-19 & Assessing Damages: What is the true measure of a plaintiff's loss?
      • Electronic Signatures and Witnessing from a Social Distance in Queensland
    • Cyber
      • Risk Management implications of Australia’s move to PEXA
      • CyberFiles | February 2018
      • CyberFiles | Privacy Edition
      • Privacy, data and information sharing laws - where we've come from and where we're going
      • CyberFiles | Edition 5
      • CyberFiles | Special Edition
      • The rise of driverless vehicles - who's in control?
      • Could D&O be the new cyber liability 'pot of gold'?
      • CyberFiles Newsletter | Edition 4
      • CyberFiles Newsletter | Edition 3
      • EU laws impact Aussie organisations
      • CyberFiles Newsletter | Edition 2
      • Fraudulently-induced money transfers: crime or cyber?
      • CyberFiles Newsletter | Edition 1
      • Notifiable Data Breaches scheme - are you ready for February 22?
      • Cyber threats to confidential and privileged information
    • Employer's Liability
      • Employee drowning occurred just after OHS penalty increases - WA
      • Jobkeeper - Combatting COVID-19 Financial Impacts
      • High Court clarifies calculation of paid personal/carer’s leave
      • Callous transfer directive backfires on childcare employer
      • Delivery driver’s ignorance of theft warrants employment termination
      • Employee successfully challenges a reduction in hours under JobKeeper
      • No termination but employee still made unfair dismissal application
      • Industrial manslaughter laws gain traction and a ban on insurance for penalties – WHS update for QLD and NSW
      • NSW Workplace Health and Safety Amendments - Prohibition Against Insuring WHS Fines
      • Workers Compensation for Employees Working From Home
      • Federal Court orders friendly reminder for employers managing employees with mental disabilities
      • Sexual Harassment is No Joke
      • “Working” in the tearoom - Unfair Dismissal
      • Mexican Standoff in the Storeroom: The Right of Entry of Union Officials under the Fair Work Act 2009 (Cth)
      • Full Court confirms substance over form remains critical in the casual employment relationship
      • FWC JobKeeper decision does not end in employee’s favour
      • The JobKeeper Legislation: What it means for you
      • The JobKeeper Legislation FAQs
      • CEO found personally liable for settlement payments made due to his serious misconduct
      • COVID-19 and its impact on employers and employees - an FAQ
      • Unfair dismissal update – poor process to termination will let you down
      • When is a resignation a dismissal?
      • Failure to Attend IME Grounds for Dismissal
      • The perils of performance plans (PIP) in the adverse action context
      • CEO succeeds in wrongful dismissal claim and receives $2.7 million in damages
      • VCAT provides yet another example of its firm approach to sexual harassment claims
      • Social Media Stops Employee’s Application in its Tracks
      • Penalty units are on the up and insurance for WHS penalties is out
      • FWC extends scope of “worker” in the anti-bullying jurisdiction
      • FWC rules that dismissal of “strongly progressive” church worker was unfair
      • Tweet at your own risk
      • Lawyers misguided attempt at office romance goes awry resulting in damages of $170,000
      • Sexual harassment training an ongoing process
      • Ignorance is not bliss when it comes to discrimination
      • Work Health & Safety Update – Director imprisoned and $1M fine ordered under Qld legislation
      • Employer’s texts “back to the dole que for you” and “please don’t come in tmz” did not constitute dismissal
      • Work available. Must be open to sexual harassment. Apply within.
      • FWC upholds dismissal of glass-throwing employee at work Christmas party
      • Slip time slip up: questions over a fair dismissal
      • No bullying risk for re-assigned employee
      • Slip time slip up: a fair dismissal
      • Unfair dismissal claim fails despite flaw in dismissal procedural
      • Assumption a costly mistake
      • Workplace bullying, or a little wine amongst colleagues?
      • No breach of duty leads to teacher’s reinstatement
      • New labour hire laws and licencing requirements in Australia
      • Commission’s powers to deal with inconsistencies between Enterprise Agreements and State Legislation
      • Decision to dismiss employee for incapacity upheld despite conflicting medical opinion
      • “A Coal Mine - not a Convent” – termination for verbally abusing fellow employees was harsh, unjust and unreasonable
      • Transfer of business and consequences for Employment Agreements
      • Employee awarded significant damages as a result of employer’s repudiatory conduct
      • Shadow lawyers and representation in the Fair Work Commission
      • The importance of specifying a ‘particular time’ for employment termination to take effect
      • Dismissal for allegedly failing to fit a work culture constituted unlawful discrimination
      • Seemingly innocent statements expose employer to claims
      • Labour hire employers must follow due process when host employers dismiss their workers
      • Employer hit with hefty penalties for sham contracting
      • Agreeing to an employee's request to be demoted constitutes adverse action
      • Dismissal of employee who sent abusive emails from work email account is not unfair
      • New Working With Children Check Requirements in Victoria
      • Unreliable witness loses her case against employer
      • Court provisionally enforces 10 year restraint of trade period
      • Can an employer direct an injured worker to see its own doctor?
      • Mine operator successfully relies on contractual indemnity
      • No employment connection for juicer injury
      • Temporary Skills Shortage Visa and its obligations on employers
      • Full Court of Appeal upholds dismissal relating to controversial social media comments
      • Contributing factors to the failure to prove causation
      • Franchisors and holding companies face increased risks under proposed Fair Work Act changes
      • Court finds MAIB not liable to indemnify employer for PTSD compensation paid
      • FWO seeks injunction restraining employer from underpaying workers in future
      • Mine worker injured in car accident on way home from consecutive shifts successfully sues employers
      • Principal not liable for injuries to subcontractor’s employee
      • Tribunal finds that employer did not discriminate against employee with alleged gambling addiction
      • Employer liable for psychiatric injury to employee from overwork and stress
      • Sub-contractor solely liable for injuries to labour hire worker
      • Employer’s negligence limits its right of recovery from another tortfeasor
      • Employer liable for fatal helicopter crash
      • When duties conflict - employer should have protected its employee from assault by client
      • Landmark damages award for quad bike rider rendered quadriplegic
      • Mum’s claim for nervous shock dismissed
      • Employer’s administrative action the cause of an employee’s psychological condition
      • Comcare not liable for injuries sustained during a break from work at home
      • EPL.Files | June 2020
      • EPL.Files | March 2020
      • Court says no second bite of the cherry for workers with rejected injuries
      • EPL.Files | March 2019
      • EPL.Files | September 2018
      • Employer occupier not liable for employee’s injuries when tripping exiting building lift
      • EPL.Files | July 2018
      • EPL.Files | Anniversary Edition
      • EPL.Files | December 2017
      • Workplace Health & Safety sparks concern for principals
      • EPL.Files | September 2017
      • Plaintiff awarded over $1.6 million for injuries caused by uneven emergency staircase
      • EPL.Files | Second Edition May 2017
      • EPL.Files | Inaugural Edition March 2017
    • General Insurance
      • Injured worker’s award for future economic loss reduced by 50% for contingencies
      • Duty of care breached and the wrist is history
      • Broker not in breach of duty when advising on increased declaration of Gross Sales Turnover with respect to business interruption renewal
      • The response to COVID-19: will insurers in Australia measure up?
      • The Court of Appeal overturns Lloyd’s’ win on other insurance clauses
      • Silencing silence: Australia’s new whistleblowing protection regime and what it means for you
      • Insurer obliged to indemnify brothel owner for fire damage despite non disclosure
      • Insurer granted right to further examination of plaintiff after inadequate report provided by expert
      • To be or not to be a party to the contract
      • High Court to decide whether Federal Court had power to prohibit indemnification for a penalty imposed by it
      • The dangers posed by punctuation: a comma prevents Insurer relying on defects exclusion in motor vehicle policy
      • Employer’s negligence limits its right of recovery from another tortfeasor
      • Non-Disclosure & Misrepresentation under the Insurance Contracts Act 1984 (Cth)
      • Proving insurance fraud following house fire
      • A negligent act with an appreciation of the risk can still be an ‘accident’
      • Claims must be made by a “third party” to enliven the insuring clause
      • Houseboat operator fails to take appropriate precautions, resulting in double leg amputation
      • Insurer cannot deny indemnity because of criminal actions of insured’s son
      • How Covid-19 Workers' Compensation Changes Impact the Assessment of Damages in SA
      • COVID-19 & Assessing Damages: What is the true measure of a plaintiff's loss?
      • Insurer not entitled to rely on exclusion clause relating to ownership or occupation
      • Insurer ordered to indemnify for crop loss following hailstorm
      • A win for reinsurers - no back to back cover because of initial event sentence
      • Double insurance: what is the effect of other insurance clauses?
      • No License, No Problem – Section 54 Strikes Again
      • No MACA compensation for injured worker because injury not caused by driving of vehicle
      • S54 on the high seas
      • The utility of joining insurers to proceedings; what to do, what to do
      • Electronic Signatures and Witnessing from a Social Distance in Queensland
      • New South Australian Uniform Civil Procedure Rules
      • Adjournments during COVID-19 – should parties socially distance themselves from their upcoming hearing dates?
      • As an aside – principles to be considered when seeking to set aside a subpoena to produce
      • Claims handlers beware! Investigation reports now discoverable?
      • Accept or Decline - How Commercial Transactions have tapped their way into Jurisdictional Uncertainty
      • Court of Appeal affirms that a “back-to-back” presumption will not trump the intention of the parties.
      • Not so cool-as-a-(sea)cucumber: Misrepresentation claim against respondent Council statute-barred
      • Insurer not liable to indemnify insured for its liability under a cap and collar agreement or for defence costs of arbitration proceedings
      • A new Day for PIPA?
      • Lengthy delay adequately explained by incorrect advice
      • WA District Court finds the defendant insurer is liable to indemnify the deregistered insured company and awards over $1.6M in damages to the plaintiffs
    • Health Sector
      • Importance of notifying complaints and claims
      • Dental practitioners, are you practising dentistry within your scope of practice?
      • Complying with infection control obligations
      • Frequently Asked Questions About Clinical Record Keeping
      • Typo in email address leads to compensation awards for privacy breach
      • Providing ECT to adults with impaired capacity outside of the Mental Health Act 2016
      • The Checkup Episode 15: A Climate Change Emergency with Dr Lai Heng Foong
      • Urgent applications concerning life support, foetus viability and organ donation
      • Could I face a class action if I fail to diagnose a patient with COVID-19?
        • Class actions at a glance
        • Novel issues in COVID-19 cases
        • CONCLUSION
        • REFERENCES
      • We may not be ok. Taking care of mental health during Covid-19
      • How do I obtain informed consent to a Telehealth consultation?
      • How does COVID-19 impact clinical trials in Australia?
      • How does COVID-19 impact my AHPRA notification and other regulatory matters?
      • What do I do if a patient discloses they are not self-isolating?
      • How do I ensure continuity of care during COVID disruptions?
      • Changes in prescribing Hydroxychloroquine due to COVID-19
      • The Checkup Episode 14: On the frontline of COVID-19 with Dr Lai Heng Foong
      • The Checkup Episode 13: Professional burnout – building resilience and finding your way back with Chelsea Pottenger
      • Informed consent for Down’s syndrome screening: asking patients the right question
      • The Checkup Episode 12: Superbugs and antimicrobial resistance, and why it’s everyone’s problem!
      • Increasing clear teeth alignment product demand gives rise to potential issues for dentists
      • Risk Management Tips – Experien case studies
      • Risk Management Tips - Experien case studies
      • The Checkup The Case of Keli Lane - Part 3: Abortion legislation then and now
      • The Checkup The Case of Keli Lane - Part 2: The psychology of secret pregnancies
      • The Checkup The Case of Keli Lane - Part 1: Maternal healthcare issues and pre and postnatal hospital care
      • The Checkup Episode 8: Medical treatment for children – when do court orders become necessary?
      • The Checkup Episode 7: The do’s and don’ts of clinical record keeping for nurses
      • The Checkup Episode 6: Giving evidence in court - tips and traps
      • The Checkup Episode 5: Are your employees making you vulnerable to cyber threats?
      • The Checkup Episode 4: Doctors behaving badly
      • The Checkup Episode 3: Mandatory reporting - what happens when a doctor is depressed?
      • The Checkup Episode 2: A complication or medical negligence… when are doctors liable to their patients?
      • The Checkup Episode 1: Innovation in healthcare - Medtasker
      • The Do’s and Don’ts of Social Media and Online Networking for Health Practitioners
      • Making data work: can real-time prescribing save lives?
      • Extent to which family can make submissions at an inquest
      • The Gillick competent child and Section 20 of the Transplantation and Anatomy Act 1979 (Qld)
      • A new mandatory reporting scheme to reduce the impact of medicine shortages
      • My Health Record - in your hands
      • Radical surgery and the limits of parental control: The removal of half of Baby K’s brain
      • No breach in duty of care by QAS officers in hypoxic brain injury case
      • Who can access children's medical records?
      • Caring decisions: when doctors and parents disagree
      • Eating disorders: use of involuntary treatments and the issue of consent
      • An ounce of prevention or a pound of cure?
      • Ryan’s Rule: Queensland’s patient, family and carer escalation process
      • The fallibility of fax machines to communicate test results – Inquest into the death of Mettaloka Malinda Halwala
      • Coroner's Corner - Inquest into the death of Paul Joseph Milward
      • Transitioning Power Part 2: Re Kelvin provides clarity
      • Amendments to the Poisons Standard: Changes to patient access for medicines containing codeine
      • Mum, why can’t we sit in the waiting room?
      • Until platypus milk saves the world, how to minimise claims exposure for superbug infections
      • Superbugs 101
      • Colagrande v Health Ombudsman (No. 2) [2017] QCAT 406
      • Medical Board of Australia v Pearse (No. 2) [2018] QCAT 24
      • Medical Board of Australia v XY [2017] QCAT 443
      • Managing Inpatient Suicides – Inquest into the death of Steven Hitchins and Shawn Gudge
      • Restraining unruly hospital patients – Inquest into the death of Andrew Osborne
      • Coroner's Corner - Investigation into the death of Timothy John
      • Coroner's Corner - Investigation into the death of Reginald Stimpson
      • Transitioning Power: Children, Gender Dysphoria and Consent
      • How much is too much information? The dose response curve of informed consent
      • Consent to surgery: who will be my surgeon?
      • Changes to QLD Health Practitioner National Law
      • Crime and the incapacitated patient
      • Coroner's Corner - Inquest into the death of Gwendoline Mead
      • Coroner's Corner - Inquest into the deaths of Nixon Tonkin and Archer Langley
      • Coroner's Corner - Inquest into the death of DR
      • Case Review: Zaphir ats Health Ombudsman [2017] QCAT 193
      • Case Review: Colagrande v Health Ombudsman [2017] QCAT 108
      • Case Review: Medical Board of Australia v Azam (No.2) [2017] QCA 2206
      • The substitute decision-maker: a guide for health care providers
      • The tricky matter of assessing capacity and the woman who lost her sparkle
      • Fake news? Doctors and disciplinary proceedings
      • Coroner’s Corner – Tragic Death in Paradise: Inquest into the Death of Leila Michelle Trott
      • Coroner’s Corner – Inquest into the Death of Bradley Coolwell
      • Mandatory reporting – A hospital’s obligations
      • Dr Death: a tale of two countries
      • Latest Legislation: Changes to Queensland’s Public Health Law
      • Brave new world: developments in foetal medicine and legal implications
      • Disciplinary Decisions: Medical Board of Australia v Kanyowa [2016] QCAT 450
      • Disciplinary Decisions: Health Ombudsman v Antley [2016] QCAT 472
      • Coroner's Corner - Inquest into the death of Leah Elizabeth Floyd
      • Hard decisions: incapacity, termination of pregnancy and the law
      • Hope on the horizon for a reliable predictor of pre-term labor
      • Coroner's Corner - Investigation into the death of Ruth Capps
      • Coroner's Corner - Inquest into the death of 'ES'
      • Changes to Queensland’s Mental Health Act
      • Health Complaints – Don’t forget about the Doctor’s health
      • Coroner's Corner - Could quitting smoking be dangerous for your health?
      • Electroconvulsive therapy – liability and associated risks
      • Challenges for staff in mental health wards
      • A shocking $1.8 million for a psychiatric injury
      • Consent to treatment in emergency situations
      • To test or not to test? Rothonis v Lattimore [2016] NSWSC 1409
      • Coroner's Court of Queensland - Investigation into the death of Mr B
      • Security risks within the Emergency Department
      • Coroners Court of Queensland - Finding of Inquest: Inquest into the death of Michael James Calder
      • Coroners Court of Queensland - Finding of Inquest: Inquest into the death of Mark Anthony Plumb
      • Coroners Court of Queensland - Investigation into the death of SJM
      • Medical Board of Australia v Dr Wong [2016] QCAT 112 (Delivered on 1 April 2016)
      • Medical Board of Australia v Shah [2016] QCAT 158 (Delivered on 22 March 2016)
      • Lee v Medical Board of Australia (No 2) [2016] QCAT 321 (Delivered on 26 August 2016)
      • Possible Changes to Queensland’s Abortion Law
      • Mandatory data breach notification – what does it mean for healthcare providers?
      • Privacy in an age of distrust
      • Medical Board of Australia v Kenneth James Stark [2016] QCAT 175 (Delivered on 2 March 2016)
      • Medical Board of Australia v de Silva [2016] QCAT 63 (Delivered on 30 May 2016)
      • Medical Board of Australia v Ong [2016] QCAT 54 (Delivered on 20 May 2016)
      • Continuing regulatory and insurance crisis surrounding home births
      • AHPRA Performance Report for Queensland Practitioners
      • Hospital-acquired infections – When are hospitals legally liable?
      • Cerebral palsy – a genetic condition?
      • What do the new Mental Health reforms mean for hospitals and medical practitioners?
      • What does the NDIS cover?
      • Coroners Court of Queensland
      • Coroners Court of Queensland - Finding of Inquest
      • Inquiry into Performance of the Health Ombudsman
      • Stefanyszyn v Brown; Brown v Newcastle Private Hospital Limited t/as Newcastle Private Hospital [2016] NSWSC 826
      • NDIS set to launch early in Queensland
      • How do doctors proceed with treatment when their patient can’t consent?
      • Disciplinary Bodies: Not Immune to an Adverse Costs Order
      • Assaults By Health Care Providers - Passing The Therapeutic Purpose Test
      • Last Rights: End of Life Medical Decisions for Doctors
      • Peer professional opinion – the facts are still critical
      • The Queensland Health Ombudsman – six months down the track
      • Does a hospital owe a duty of care when discharging a mentally ill patient?
      • AHPRA investigation discontinued and physiotherapist’s registration re-instated
      • Usual practice and the failure to warn – guidance from Neville v Lam (No 3).
      • Recent Health Practitioner Decisions
      • Goodbye Health Quality and Complaints Commission, hello Health Ombudsman
      • Regulatory and Insurance Crisis Surrounding Home Births
      • Coroner’s Inquests - Wide ranging inquiries with wide ranging consequences
      • Mental Illness - Challenges for Health Service Providers
      • Health Care Complaints - Looking backwards, and looking to the future
      • Bold new regulation? The Queensland Health Ombudsman Act 2013
      • To repay or not to repay? A health insurer’s subrogation rights under the microscope
      • Health Quality and Complaints Commission Annual Report
      • Health related mobile applications - Buyer beware or liability minefield
      • No escape for medical centres in follow up cases
      • Idamaneo v Gross - How effective are indemnity clauses in doctor's contracts?
      • Inadequate staffing exposes health care practices to liability claims
      • More Class Action Pain for Johnson & Johnson
      • The Federal Court affirms an Insurer’s right to cancel a contract of insurance where an insured has made a fraudulent claim
      • Total Recall – When should a doctor follow up a patient?
      • Discharge of a Patient - Not just an administrative issue
      • Going Back to the Future of Infection Control
      • Hips and PIPs - and what to do when a patient asks for an explanted implant?
      • Refusal of blood - What are doctors supposed to do?
      • The high price of providing unnecessary medical treatment - Dean v Phung [2012] NSWCA 223
      • Changes ahead for medical device regulation?
      • Euthanasia - the unresolved issue
      • Health Practitioners and the regulation of sexual misconduct in the noughties and beyond......
      • Walking The Tightrope – mental illness; patient rights and doctor’s liability
      • Wrongful birth may give rise to damages for life
      • Who said insurance isn’t an emotional purchase?
      • In the United States . . .December
      • Limitation Periods: Whose side is time on?
      • Electronic Health Records – Handle with extreme care
      • Defective Hip Replacements – Implications for Doctors and Hospitals
      • State of Queensland v Allen – so, what exactly is a 'medical report'?
      • Social Media, not Social Medicine
      • Sullivan Nicolaides v Papa [2011] QCA 257 – more than just monitoring required
      • The claimant's specialist report – your first line of defence
      • The Bolam Principle - not the be all and end all
      • In the United States… November
      • Now that's a Health Care System
      • Health Law Newsletter April 2011
      • Courts Must Beware When Medical Opinions Are Split
      • Slaveski & Ors v Austin Health [2010] VSC 493
      • Wallace v Ramsay Health Care Ltd [2010] NSWSC 518
      • The High Court decision in Tabet v Gett
      • Unsuccessful appeal on wrongful birth claim - despite hospital’s breach of duty
      • Granting a Patient's wish to die - Withdrawal Of Medical Treatment
      • G, PA and C, P v Down
      • Brown v Simpson
      • Hegarty v Queensland Ambulance Service
      • HealthFiles | January 2019
      • HealthFiles | September 2018
      • HealthFiles | April 2018
      • A surgeon’s bias leads to a failure to consent
      • HealthFiles | November 2017
      • HealthFiles | August 2017
      • South Eastern Sydney Area Health Service & Anor v King
      • HealthFiles | June 2017
      • HealthFiles | February 2017
      • Strict adherence to the Mental Health Act, is it necessary?
      • HealthFiles | January 2017
      • Man awarded $3.8m when spinal surgery led to paraplegia
      • HealthFiles | November 2016
      • HealthFiles | September 2016
      • Hospital liable for amputation to child’s thumb following infection due to delay in treatment
      • HealthFiles | August 2016
    • Insurance Issues
      • Employer’s negligence limits its right of recovery from another tortfeasor
    • Professional Indemnity & Financial Lines
      • Ongoing focus on corruption risk in Victorian Local Government
      • AFCA to begin naming financial firms
      • AFCA reports $144.7 million in compensation over first 10 months of operation
      • Royal Commission Recommendations Implementation Update
      • AFCA to begin naming financial firms
      • AFCA reports $83 million in settlements
      • Professional indemnity for migration agents: recent developments and insights
      • AFCA forces insurer to lower its premium on a home and contents policy
      • ASIC given stronger tools to counter corporate and financial misconduct
      • AFCA begins consultation on plans to accept legacy complaints
      • VCAT’s Lacrosse decision sparks controversy for building professionals
      • AFCA changes give rise to significant uncertainty for financial service providers and their insurers
      • Does the Royal Commission Recommendation on Claims Handling Pass the Smell Test?
      • Your Guide to the Banking Royal Commission Recommendations
      • NSW Supreme Court Finds in Favour of Insurers on Aggregation of Claims
      • Financial Services Royal Commission hands down Interim Report
      • Australian Law Reform Commission Class Action and Litigation Funding Review - Key Proposals for Class Action Reform
      • A case for insuring Civil Penalties
      • A timely decision as the Financial Services Royal Commission rolls on
      • WorkSafe prosecutions: an upwards trend in penalties
      • Amending and Enforcing Scheme Constitutions: the High Court to Decide
      • NSW Court of Appeal clarifies the standard of care owed by auditors
      • Side-C premium movements
      • The scope of policy exclusions considered from across the ditch
      • A warning shot fired at Financial Services Licenses regarding the best interest and appropriate advice duties
      • The $50 million question - the importance of clearly drafted policies of insurance
      • Top 10 Potential Coverage Issues for the Banks Royal Commission
      • Proportionate liability: how it came about
      • Proportionate liability: how it operates
      • Proportionate liability: a case in point
      • Proportionate liability: implications for professionals and professional indemnity insurance
      • Proportionate liability: proposed reforms
      • A Duty of Care and The Broker
      • FOS to be abolished and replaced by AFCA
      • Changes to professional standards for financial advisers: The Corporations Amendment (Professional Standards of Financial Advisers) Act 2017
      • Amending and enforcing scheme constitutions: what we’ve learned from Lewski v Australian Security & Investments Commission [2016] FCAFC 96
      • ASIC Enforcement Review Taskforce – Consultation on significant breach reporting
      • Bird is the Word
      • NSWLRC Leads the Charge - Recommends Amendments to ‘Section 6’
      • Operation of Indemnity Clauses, Insurance Exclusions and the Unfair Contracts Legislation
      • Limitation period extended for child sexual abuse claims
      • Class actions for Queensland
      • Pokémon Go – catching your private data
      • Badenach v Calvery [2016] HCA 18
      • ProFiles Edition 3 | May 2016
      • Advocates’ Immunity - Attwells & Anor v Jackson Lalic Lawyers Pty Ltd [2016] HCATrans 048
      • The correct approach to interpretation of contracts of insurance – a fundamental reminder
      • “Professional services” in an exclusion clause? The Full Federal Court of Australia provides an interpretation
      • Limitation period abolished for historical child abuse claims in NSW
      • Decisions of clinical reviewers and health service investigators may be subject to judicial review
      • ProFiles Edition 2 | February 2016
      • Recent FoFA Developments
      • The Financial Ombudsman Service's Approach to Insurance Broker Disputes
      • It Ain’t Over Til It’s Over – GFC Financial Loss Claims and Limitation Defences
      • The Wrongs (Amendment) Act 2015 (Vic) has commenced - What does this mean for you?
      • Proportionate liability under Part IVAA of the Wrongs Act 1958 (Vic) – Who bears the costs in a VCAT proceeding?
      • Acting in good faith: recent guidance from the Supreme Court of New South Wales
      • ProFiles Newsletter | Edition 1 October 2015
      • Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
      • Checking Domestic Building Insurance – the hidden obligation on Building Surveyors
      • QCAT orders not enforceable in QCAT
      • Grossing up damages for tax
      • Quantifying a Claim for Restitution in Cases of Fraud? Recent Federal Court Case Provides Direction
      • A scuffle between patrons - Should the Bowling Club be found liable?
      • Statutory Liability Insurance – Is it contrary to the law?
      • FOS Rejects Complaint Related to Geared Investment Strategies
      • The Insurance Act 2015 (UK) – an overview and implications for the Australian insurance market
      • Selig v Wealthsure - Costs orders against insurers
      • Cost Orders against a Non Party
      • Cyber stakes on the rise
      • Statutory liability insurance - is it contrary to public policy?
      • Cyber is the new black...
      • The Future of Financial Advice - the policy impacts of a new Government
      • Bank's defence costs claim fails
      • Payment of defence costs upheld despite statutory charge
      • Amendments to Insurance Contracts Act passed
      • New ‘worker’ definition leaves some contractors out in the cold
      • Hancock Foundation hits a dead end with insurance claim
      • Barry.Nilsson. Lawyers successful in defending allegations of copyright infringement
      • High Court delivers its first decision on proportionate liability
      • The Future of Financial Advice – will reforms have any impact on claims?
      • 2013... Lucky for some?
      • Sins of the Brothers
      • Insurance broker ordered to pay client’s copyright infringement settlement with Microsoft after failing to advise of potential risk
      • The foreseeability of the GFC: could there be liability for all those losses?
      • Insurance fraud - taking it out of the too hard basket
      • Interest under section 57 of the Insurance Contracts Act 1984
      • The pitfalls of relying on insurance that has been arranged by others...
      • Should insurers be identified as “interested non-parties” in litigation?
      • Insurance payout non refundable - notwithstanding breach of policy condition
      • Claims Made Policy Sows the Seeds of Doubt
      • What do the words ‘arising out of’ actually mean?
      • What is a claim?
      • In the course of your employment
      • The lucky number for insureds is 54...
      • Director’s OHS Duties
      • A warning from the Queensland Supreme Court to Insurers: pay as early as possible or risk paying more than you bargained for...
      • Are insurance contracts unfair?
      • When exactly is a contract of insurance formed?
      • World Trade Centre Default Judgement - But enforcement may be difficult
      • It's Time
      • Liability by Design
      • CGU Insurance Limited v Porthouse
      • ‘Trump -v- Twitter’ and implications related to commercial social media use in Australia
      • Duties of financial planners
      • Our 'Rebel' tells no lies
      • Facebook public page posters beware
      • Risk Management implications of Australia’s move to PEXA
      • Group proceeding no bar to raising individual claim
      • High Court affirms scope of advocates’ immunity
      • ProFiles | October 2019
      • Newspaper ordered to pay significant damages for defaming former journalist
      • ProFiles | March 2019
      • Court adopts “not reasonable” test in refusing to grant an extension of the limitation period in a defamation case
      • ProFiles | September 2018
      • ProFiles | March 2018
      • ProFiles | December 2017
      • Real Estate Professionals Beware: Are you providing financial advice?
      • ProFiles | The Proportionate Liability Issue
      • ProFiles | May 2017
      • Sign of the times
      • Court of Appeal upholds decision that Newspaper must pay significant damages for defaming journalist and pay indemnity costs on the District Court scale
      • ProFiles | March 2017
      • ProFiles Edition 3 | May 2016
      • ProFiles Edition 2 | February 2016
      • Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval
      • ProFiles Edition 1 | October 2015
      • Solicitor not liable to financier client despite breach of duty
      • Advance defence costs extensions – when aren’t insurers required to pay?
      • Directors' duty to consider and respond to climate change risks – a perfect storm brewing?
    • Public & Product Liability
      • Tasmania reforms child abuse claims and obligations
      • Life in Lockdown: how changes in our movements will impact the injury liability claims landscape
      • Commencement of further QLD Government legislative reforms for abuse victims
      • Not fit for purpose – Synthetic mesh products defective
      • Occupier and employer equally liable for swim teacher’s injuries
      • Court of Appeal affirms homeowner’s liability for slip on wet tiled steps
      • Council and insurer successfully appeal finding of liability to injured subcontractor
      • Principal not vicariously liable for system of work designed and imposed by a subcontractor
      • Court finds Council not in breach of statutory duty
      • Council liable for injuries caused by protruding stormwater pit
      • Alleged bullies may get employer support
      • Court of Appeal affirms public authority immunity provisions in NSW CLA
      • High Court finds claim for vicarious liability of school for sexual abuse statute barred
      • Injury in PE Class not School’s Fault
      • Who is responsible? Host employer vs labour hire employer
      • Amendments to WCRA leave Byrne in play
      • When can I require the claimant/plaintiff to undergo a further medical examination?
      • How Facebook can be your ‘friend’ in litigation
      • Are in-ground traffic lights for distracted pedestrians a red light for local governments?
      • Residential Occupiers: Safe as houses?
      • Bye Bye Byrne? Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016
      • Insurer not entitled to deny coverage for jet ski accident
      • The Queensland Supreme Court finds that fund management fees are not recoverable under a statutory “liability for a death” claim
      • Statutory defences – a win for public authorities
      • When a guest takes a tumble - The duty of care of residential occupiers
      • The fortunes of those pursuing footpath claims take another tumble
      • Council found liable for failing to take preventative measures
      • The stark story of the mining industry - How can it affect injured miners and their claims for economic loss?
      • Federal Court of Australia introduces Insurance List for Short Matters
      • MacDougal v Mitchell [2015] NSWCA 389
      • No one at fault for catastrophic injuries sustained by young girl in pool diving accident
      • Protection from civil liability defence not available to Queensland State Government
      • Rainy days and known risks burden occupiers
      • Residential Occupiers Found Liable: Has the castle been breached?
      • Making the assessment of obvious risk more obvious
      • NDIS set to launch early in Queensland
      • Shopping centre escapes liability for injury to shopper
      • Damage...the gist of the action and a question of fact
      • The grass is always greener on the other side
      • Council as certifying authority overturns finding of liability to subsequent purchaser for structural defects
      • Volvo announces it will accept full liability if its autonomous cars are involved in a crash
      • Changes to Workers’ Compensation scheme….
      • Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
      • Supermarket not liable for customer’s slip on grape
      • Legislation Update: WorkCover
      • Council found not liable for the criminal act of a third party… again
      • A reserve is not a “pathway” and statutory defence applies but does not relieve Council for breach of common law obligations in respect of infrastructure
      • When can a plaintiff be required to undergo multiple medical examinations?
      • “Appalling inadvertence” not enough to topple claim
      • “Appalling inadvertence” not enough to topple claim
      • A win for local authority - Council not liable for plaintiff’s tumble
      • BREAKING NEWS...
      • Medico-Legal Experts - Current experience and specialisation come up trumps
      • Insurance Companies beware of being joined to PIPA Proceedings
      • Council found not liable for cliff fall that left plaintiff paralysed
      • Cost Orders against a Non Party
      • Host employer liable for failure to supervise even though work system safe
      • Hotel occupier should have warned entrant of the presence of a raised timber platform in the lobby
      • Injured chair lift user gets the “Perisher Blues”
      • Immunity for volunteer organisations and their volunteers
      • Murder and Mayhem in the Workplace
      • Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence
      • Don't get tripped up: reviewing an occupier's liability for stairs
      • Council liable for developer’s economic loss flowing from issue of inaccurate zoning certificate
      • When things go Berry Berry Bad….. Product liability exposure for an importer
      • Where is David Lee Roth when you need him?
      • A Landmark Decision
      • Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
      • Westfield not liable to plaintiff for non-party independent cleaner’s negligence
      • “Barista Elbow” results in $600,000 damages
      • Contractor liability in Australia - engaging competent subcontractors is key
      • The tort of misuse of private information - another English export
      • Alcohol related violence and the common law
      • Court of Appeal confirms bank did not owe duty to protect customers from criminal acts of third parties
      • Personal Injury Claims Management Course Back in 2014
      • Queensland Court of Appeal says you cannot compensate yourself
      • No duty of care owed by public authority to prevent economic loss when determining water licence application
      • Recovery of mitigation costs
      • Insurance Fraud – the greatest moral, economic and social challenge facing the insurance industry today?
      • Professional Horse Racing is a Dangerous Recreational Activity
      • Exaggerated Personal Injuries Leads to a Contempt of Court Charge
      • Climate Change and Insurance Cover
      • High Court Rules in Favour of Principal Contractors
      • Motel liable for failure to display signs prohibiting diving and indicating pool depth
      • Still tripping over
      • Commencement of Qld laws on the liability of institutions for child abuse
    • Workers' Compensation
      • Court finds long shifts and night shifts increased the risk of motor vehicle accident
      • Are post-work late nights out 'In the course of employment'?
      • Court finds employer had no duty to take reasonable care to avoid a psychiatric injury arising from reasonable steps in investigating, assessing, educating and reprimanding worker
      • Bus driver successfully claims damages after employer failed to warn him about the risks of injury from not adjusting a bus seat correctly
      • Truck driver awarded significant damages over defective driver’s seat
      • Workers' Compensation and COVID-19 Series - Part 6 – Employer's common law liability for a psychological injury
      • Security for Nurses - Is it necessary in the workplace?
      • The Full Court confirms that a s81A referral does not require watertight evidence
      • Mines worker denied damages for high-pressure injection injury
      • Employer fails to overturn decision awarding damages to employee injured when a gas detector unit alarm accidentally activated in an office setting
      • Discrete Injury found to support OPT claim
      • WCompFiles | June 2020
      • As COVID-19 expands the definition of the workplace to include the lounge room; we are reminded that the work from home boundaries are not necessarily clear
      • Workers' Compensation and COVID-19 Series - Part 5 – Common law liability for employers in the age of COVID-19
      • Workers' Compensation and COVID-19 Series - Part 4 – Psychiatric injuries during the COVID-19 pandemic
      • Workers’ Compensation and COVID-19 Series - Part 3 – Independent Medical Examinations in the age of COVID-19
      • Workers’ Compensation and COVID-19 series – Part 2 – Entitlement to workers’ compensation for injuries sustained whilst working from home
      • Workers’ Compensation and COVID-19 series – Part 1 – Entitlement to workers’ compensation in Queensland for COVID-19
      • WCompAlert | Workers' Compensation and COVID-19 Part 2
      • WCompAlert | Workers’ Compensation and COVID-19 Part 1
      • An election to seek damages not carried out in accordance with the Act does not restrict worker’s right to proceed with damages claim
      • Regular overtime payments are included when calculating Amount Aa
      • Worker establishes factual issues for common law claim by the employer’s acceptance of his workers compensation claim
      • Seven Network Found to be 'Employer' of TV Show Contestant
      • The undoing of a hug
      • Appeal a slippery slope for worker with laden bin
      • NSW case manager prosecuted by worker for an offence under the Workplace Injury Management and Workers Compensation Act 1998 (WIMA)
      • Are subjective reports of symptoms from a worker sufficient to establish that a worker suffered an injury
      • Is an employee working in Indonesia entitled to compensation in Western Australia
      • PTSD in the limelight
      • Employer held accountable for defamatory comments about past employee
      • No contributory negligence where worker acting within the expectation and interest of employer
      • Queensland First: Director sentenced to one year in prison and company fined $1 million under the Work Health and Safety Act 2011
      • More than a storm in a teacup…
      • A win for Tasmanian employers when it comes to disputing medical expenses
      • Employer’s duty of care in the face of pre-existing conditions
      • Service station brawls and 2am falls, can they result in compensable injuries?
      • ‘Sharing is Caring’…or is it?
      • Negligence claim against employer succeeds after the activation of a portable alarm caused the plaintiff to be startled and strain his neck
      • A breach of policies and procedures doesn’t necessarily equate to serious and wilful misconduct
      • A jurisdictional storm for Tribunals or just a storm in a tea cup?
      • Employer’s liability for a worker riding pallet jack like a scooter
      • Step by Step: ACT Court of Appeal offers "infinitesimally low" view on Coles' Standards of Care for employees
      • What Queensland Self-Insurers Need to Know: Report of the Second Five-Yearly Workers’ Compensation Scheme Review in Queensland
      • Employer successfully forces worker to attend medical examination
      • Employer doesn’t have to provide all grounds, but it must prove at least one
      • Employer can dispute liability for further workers’ compensation payments where there is a 14 (or more) day gap in medical certificates
      • Employer’s duty of care in conducting workplace investigations
      • When is a person on a work trial a 'worker' under workers' compensation legislation?
      • Worker entitled to compensation for injury sustained during cricket game
      • Work injury compensable by employer where Comcare disputed ongoing employment contract
      • 2018 Amendments to the Workers’ Rehabilitation and Compensation Act 1988 (Tas)
      • Cessation of Weekly Payments on Account of Age - A Comparison Across all Jurisdictions
      • Pile driver held liable for injury to third party construction worker
      • Wright v Glencore Queensland Limited [2016] QSC 247
      • Consolidated Tribunal Under Construction: Proposed Dispute Resolution changes to New South Wales’ Workers Compensation Scheme
      • Employer fails to recover payments from worker who lodged a false claim
      • Every dog may have its day, but for this Worker, today was not that day
      • WCompFiles | February 2020
      • Is administrative action ‘reasonable’ just because you have acted in accordance with your own policies and procedures? Not necessarily
      • WCompFiles | November 2019
      • No Contributory Negligence Found for Worker’s Own Exposure to Risk
      • WCompFiles | August 2019
      • Plaintiff unsuccessful in claim against employer for substantially pre-existing injuries
      • WCompFiles | May 2019
      • WCompFiles | February 2019
      • Worker successfully claims compensation for a stress condition after being stood down and later terminated
      • Employer liable for reporter's foreseeable psychiatric injuries
      • WCompFiles | Holiday Edition 2018
      • Recent snippets from the Tasmanian Workers' Rehabilitation and Compensation Tribunal
      • WCompFiles | September 2018
      • Teacher learns her own lesson when Court finds that swinging on a rope during a school trip to Vanuatu did not fall within the course of her employment
      • When is a worker on an authorised recess?
      • WCompFiles | May 2018
      • WCompFiles | Inaugural Edition March 2018
      • Worker successfully appeals and secures right to seek compensation for a stress related disease
    • Workplace Issues
      • FWC’s misinterpretation of its powers
      • COVID-19 reality’s push for flexibility in the workplace
      • Doctor in denial of the real reasons for her dismissal
      • Employer discriminated against chartered accountant who contracted TB
      • Sexual assault at work results in large damages payout
      • Discrimination Law Update: More protection for religious bodies, more difficulties for other businesses?
      • Exclusion from jury duty on grounds of deafness is not discrimination
  • Family Law | Wills & Estates
    • Child Support
      • Need help with child support? A Binding Child Support Agreement might be the answer
      • Setting aside Binding Child Support Agreements – COVID-19, the unprecedented and ‘exceptional’ circumstance
    • De Facto and Same Sex Relationships
      • Does a two-year relationship mean we are a de facto couple?
    • Dispute Resolution Options
      • Arbitration: a viable option in the midst of COVID-19
    • Divorce & Separation
      • If you think your ex-spouse is a louse, think twice before telling your friends on Facebook…
      • ‘Calvin’ up the inheritance
      • Dr Seuss on Separation & ADR
      • Top Five Tips for Keeping Your Divorce Out of the Spotlight
      • Orders have issued… what happens when it all goes wrong?
      • Queensland Government takes unprecedented steps in new domestic violence legislation
      • The reality of “going to court” – the alternatives
      • I’m planning my wedding but I am not yet divorced!
      • A decade after the divorce; what's mine is still yours?
    • Domestic and Family Abuse
      • The Lighthouse Project - Helping families that have experienced family violence
      • White Ribbon Breakfast 2016
      • Palaszczuk Government stays strong in the Vanguard against Domestic Violence
      • The challenges of international co-parenting, Lebanon or elsewhere
      • Domestic Violence is not just limited to physical abuse…
      • Domestic violence on the rise
      • Domestic violence: what is it, what do I do and can the Courts help?
      • Are the Government’s actions enough in response to Domestic Violence?
    • Financial Agreements
      • Are there time limits on settling financial arrangements on separation?
      • A tale of two financial agreements
    • General
      • Making difficult relationship decisions during COVID-19
      • Bankruptcy in family law proceedings
      • Arbitration: a viable option in the midst of COVID-19
      • Redundancy payments and family law
      • Does a two-year relationship mean we are a de facto couple?
      • Communicating with your former spouse’s solicitor: How much is too much?
      • Legal Ethics – Professionals in Suits
      • Is there any relief in sight for the family law system?
      • Queensland Family Law Practitioners’ Association Retreat 2019
      • Review of the Family Law System – Accountability and Transparency
      • Need help with child support? A Binding Child Support Agreement might be the answer
      • The High Court of Australia to consider the definition of “parent”
      • The importance of language employed in family law disputes
      • New notification? Using social media to serve Court proceedings
      • Same sex marriage – when ‘I do’ becomes ‘I don’t’
      • Spousal maintenance - when will it end?
      • Is family separation causing child mental health issues?
      • So my spouse has gone bankrupt… what happens next?
      • What are the obligations of a step parent to a step child following separation?
      • Same sex marriage – is it time?
      • Same sex marriage – de facto v matrimonial – what is all the fuss about?
      • So your ex is a cheating $%@! --- Will you get more in the property settlement?
      • SMSF Strategies for Successful Succession
      • Show me the money ... not if you're just "friends with benefits!"
      • Social Media ‘Pre-nups’
      • When will we see grandma and grandpa again? The effects of separation on grandparents
      • Where there is a will there is a wrong way
      • Am I in a de facto relationship?
      • Making a Power of Attorney in Queensland
      • The Family Report ... be prepared!
      • Death Benefit Nomination held to be binding on a Self Managed Superannuation Fund Trustee
      • Appointing a Testamentary Guardian for your Child
      • Family Law Property Settlement - As easy as 1, 2, 3 (4)
      • Japan Finally Signs Hague Child Abduction Convention
      • Special Disability Trusts
      • My child doesn’t want to spend time with the other parent....
      • Making Sure the Agreement Sticks - Property settlements in family law matters
      • Can a Will be made on an iPhone?
      • How Self Managed Superannuation Funds should be dealt with in Estate Planning
      • A no returns policy – family law, organ donation and plastic surgery
      • Prospective Inheritance in Property Settlements
      • Demystifying Spousal Maintenance, Child Support & Child Maintenance
      • Avoiding Holiday Hassles with Children of Family Court Proceedings or Parenting Orders
      • The 'Ins and Outs' of a Child Support Agreement
      • Australia's first same-sex marriage and the operation of the Family Law Act 1975
      • Tax ruling means big changes for matrimonial property settlements
      • Social media in the family law sphere: friend or foe?
      • The new Surrogacy Act 2010 (Qld) - a guide for potential surrogates
      • Premature distributions, waste and add-backs – The Family Court again tackles Notional Adjustments to Property Pools
      • Family Law Amendment Bill a step in the right direction and hopefully the first step in further reforms
      • The Family Law Amendment (Validation of Certain Parenting Orders) Bill 2010
      • Parental Responsibility - Implication, Order & Effect
      • Traps when providing for spousal maintenance in financial agreements
      • Post-Mortem Sperm Harvesting
      • Parental Alienation in the Courts
      • Binding Financial Agreements - A Plague on Both your Houses!
      • Are the 'Recommendations' of Family Report Writers Admissible Evidence?
      • When will the court order paternity testing?
      • Is Contested International Relocation Dead?
      • De Facto Property Proceedings – The State Courts will hang on
      • Kennon v. Spry – The High Court and discretionary family trusts
      • Property settlements, property orders and the Global Economic Crisis
    • International Family Law
      • Carpe Diem – the importance of timely advice in international family law matters
      • How to prevent the risk of international child abduction in family law matters
      • Pre-nups going global…
      • Need a ‘clean break’? Reviewing the financial relationship between former spouses
      • Global Maintenance! How Do I Enforce Overseas Spousal Maintenance in Australia?
      • **Holiday alert** Closing the gap: unlawful retention of children overseas to be criminalised.
      • The Child Protection Convention
      • Separated and planning an overseas holiday? Here's what you need to know.
    • Parenting & Children’s Matters
      • Setting aside Binding Child Support Agreements – COVID-19, the unprecedented and ‘exceptional’ circumstance
      • Out of the mouths of babes: information gathered from children in family law proceedings
      • Children’s wishes in family law proceedings - relevant but not determinative
      • Family law issues facing schools
      • How to prevent the risk of international child abduction in family law matters
      • Vaccinating your child – when parents don’t agree
      • At what age can a child tell the Court with whom he or she should live?
      • Back to school - how to navigate education as a separated parent
      • Holiday Warning: Taking the children overseas without consent could land you in prison
      • Can you take your child overseas if one parent does not agree?
      • What’s in a name?
      • What constitutes a parent?
      • Who is a parent?
    • Property Settlements
      • Are there time limits on settling financial arrangements on separation?
      • What happens to my property and spousal maintenance rights if my former partner dies?
      • A tale of two financial agreements
      • Do de facto and married couples have the same rights when their relationships end?
      • What’s Yours is Mine Part II
      • Adjusting for Violence | Law Institute Journal, February 2018
      • What's mine is yours | Law Institute Journal, January 2017
      • Beginning, middle or end – the Family Court carefully considers contributions
      • Severance of Joint Tenancies
      • Don’t worry – I bought that property in a trust … my ex won’t be able to touch it! Right or wrong?
      • What’s Yours is Mine
    • Spouse Maintenance
    • Wills & Estates
      • Why everyone needs a Will
      • The risks associated with DIY Wills
      • Signing a Will – How the Law is adapting to the COVID-19 Restrictions
      • Testamentary Trusts
      • Demystifying estate planning
      • Exposing Estate Planning Myths
      • Does your Will do what you want it to? - Assets that do not automatically form part of your estate
      • Munro & Anor v Munro & Anor [2015] QSC 61
      • What is a "letter of wishes"?
      • Wills can create startling results for those left behind
      • When is a spouse a de facto spouse?
      • What? My death might benefit my ex?
      • All is not lost with a lost Will
      • A Will challenged resulted in legal costs exceeding the value of the estate
  • Subscribe to our insights
• News & Events
  • News
    • Firm News
      • Barry.Nilsson. announces 13 promotions
      • Barry.Nilsson. raises over $90,000 for indigenous youth charity
      • Barry.Nilsson. receives 47 listings in Best Lawyers 2021
      • Barry.Nilsson. partners with indigenous charity
      • Barry.Nilsson promotes 23 ‘next generation’ leaders
      • 12th Edition of Best Lawyers
      • Barry.Nilsson. announces seven promotions for the New Year
      • Barry.Nilsson. cements national growth with record intake of 25 promotions
      • 11th Edition of Best Lawyers
      • Barry.Nilsson. completes national expansion with Perth office opening
      • Barry.Nilsson. strengthens client offering with 12 new promotions
      • Barry.Nilsson. Managing Partner sets the tone from the top, celebrating 27 exceptional years of steady leadership and growth
      • Barry.Nilsson.’s Rhett Kennedy named ‘Lawyer of the Year’ as expanding national firm wins 18 peer-reviewed awards
      • Barry.Nilsson. Nominated as Finalist in 2016 Australasian Law Awards
      • Barry.Nilsson. Shines in Best Lawyers Listing for 2017
      • Barry.Nilsson. Extends East Coast Expansion to Melbourne
      • Barry.Nilsson. continues to promote top talent
      • New Year, New Sydney Office for Barry.Nilsson.
      • Barry.Nilsson. boosts accredited specialist count with 2 additions
      • Barry.Nilsson. Lawyers Signs on for 10 Years
      • Celebrating 50 Years
      • Barry.Nilsson. Dressing Others for Success
      • Industry Survey: Social Media Risks
      • Barry.Nilsson. getting involved at Ronald McDonald House
      • Barry.Nilsson. goes national with push into Adelaide, Hobart & Sydney
      • Experiences of a Barry.Nilsson. Vacation Clerk
    • Insurance & Health Law
      • Young insurance professionals award returns to recognise next gen leaders
      • Barry.Nilsson. consolidates Insurance & Health expertise with nine promotions in the New Year
      • Doyle's Guide 2019 - Insurance & Health
      • Barry.Nilsson. strengthens national employment practice liability insurance offering
      • Barry.Nilsson wins prestigious national insurance industry award
      • CTP expert bolsters Barry.Nilsson.’s award-winning insurance & health practice
      • Barry.Nilsson.'s national Insurance & Health principals attract full recognition in Doyle's Guide 2018
      • Senior appointments strengthen Barry.Nilsson.’s growing liability practice in Melbourne and Sydney
      • Barry.Nilsson. bolsters national financial lines expertise with new Melbourne hire
      • Insurance & Health Principal, Melanie Quixley, Awarded National Honour for Excellence in Client Service
      • Barry.Nilsson.’s Insurance & Health practice attracts record-breaking recognition in Doyle's Guide 2017
      • Financial Lines Expert Strengthens Barry.Nilsson.’s Award-Winning Insurance & Health Practice
      • Barry.Nilsson. wins Professional Services Firm of the Year at 2017 Australian Insurance Industry Awards
      • Barrier-Breaking Barry.Nilsson. Partner Fiona Sennett
      • Doyle’s Guide Ratings Surge Delivers Vote of Confidence
      • Workers’ Compensation Expert Strengthens Barry.Nilsson.’s Award-Winning Insurance Practice
      • ‘Insurance fanatic’ Kennedy awarded industry body’s highest honour
      • Barry.Nilsson. named Professional Services Firm of the Year
      • CyberFiles Newsletter | Edition 1
      • CyberFiles Newsletter | Edition 2
      • Barry.Nilsson. named as a finalist in 2015 Australian Insurance Industry Awards
      • Expansion Continues As Barry.Nilsson. Boosts Sydney Insurance Team
      • Senior Associate promotions strengthen Barry.Nilsson.’s Insurance practice
      • Barry.Nilsson. named as a finalist in the Australian Insurance Industry Awards
      • Barry.Nilsson. named a finalist in the ANZIIF Australian Insurance Industry Awards
      • Opportunity for insurers to help clients better manage social media risks
      • A New Partner and Senior Associate for Barry.Nilsson.
    • Family Law | Wills & Estates
      • Courts of the future - BN's Family Law team participate in a virtual trial in the Family Court of Australia
      • Barry.Nilsson. recruits top family lawyer to Sydney office
      • Barry.Nilsson. maintains First Tier recognition in 2020 Doyle's Guide
      • Barry.Nilsson. named First Tier Family & Divorce Firm in 2019 Doyle's Guide
      • Barry.Nilsson. adds wills and estates services to its growing family arm
      • Barry.Nilsson. expands Sydney family law team with new hire
      • Barry.Nilsson. launches Sydney family law practice
      • Barry.Nilsson. family law team recognises exceptional talent
      • Barry.Nilsson. named First Tier Family & Divorce Law Firm in 2018 Doyle's Guide
      • Family law expertise recognised across the board at Barry.Nilsson
      • Barry.Nilsson.’s Geoff Sinclair appointed to first comprehensive review of the Family Law Act
      • Same-sex couples getting married overseas? Be prepared
      • Australia Takes the Lead to Hold World Congress on Child Protection
      • Asia Specialist Strengthens Barry.Nilsson.'s Top Tier Family Practice
      • Barry.Nilsson. Named Leading Family Law Firm For 4th Straight Year
      • International Family Lawyer From World’s ‘Divorce Capital’
      • Barry.Nilsson. Boosts Melbourne Family Law Practice
      • Barry.Nilsson. Launches Melbourne Family Practice
      • Barry.Nilsson. strengthens insurance, family law teams with new promotions
        • Considering reasonable precautions are “just the beginning” … Bunnings “beats it” on Appeal.
      • Queensland’s Top Family Law Team Wins New Accolades
      • Barry.Nilsson. Named Leading Family Law Firm
      • Scott Wedgwood to join the partnership at Barry.Nilsson.
    • Worker entitled to damages for a back injury sustained lifting small steel bars
  • Events
• About Us
  • Our values
  • Impact Project
    • Community giving
    • JIME
  • Commitment to sustainability
  • Corporate Governance
    • Anti-Corruption & Anti-Bribery
    • Whistleblower Policy
  • Business Continuity – COVID-19
  • Elevista Interactive Learning
    • In-House Training
    • Public Workshops
    • Web-Bytes Webinars
    • What our clients say
  • PenSure
    • How PenSure works
    • Pricing Guide
• Careers
  • Current Opportunities
  • Vacation Clerks & Graduates
  • Our culture
  • What we offer
  • Contact People & Culture
• Contact
• Insurance & Health Law
  • Compulsory Third Party (CTP) Claims
    • Expertise by Jurisdiction
      • Queensland CTP Claims
      • New South Wales CTP Claims
      • Victoria CTP CLaims
      • Tasmania CTP Claims
      • South Australia CTP Claims
    • Our Clients
  • Financial Lines
    • Our Approach
    • Our Clients
    • Councillors and Officers
      • Defamation
      • Employment and Discrimination
      • Investigations, inquiries and prosecutions
      • Statutory liability
    • Directors' & Officers' (D&O) Liability
      • PROTECTION FOR YOUR BUSINESS
      • OUR EXPERTISE
    • Employment Practices Liability (EPL)
      • OUR EXPERTISE
      • FACING AN EPL CLAIM?
    • Management Liability
      • WHAT IS A MANAGEMENT LIABILITY CLAIM?
      • WHO CAN BRING A CLAIM?
      • OUR EXPERTISE
    • Defamation
      • OUR EXPERTISE
      • PROTECTION FOR YOUR BUSINESS
    • Financial Institutions
      • OUR EXPERTISE
    • Cyber Liability
      • PROTECTION FOR YOUR BUSINESS
      • OUR EXPERTISE
    • Professional Indemnity
      • OUR EXPERTISE
      • OUR CLIENTS
  • Health
    • Our Expertise
    • Our Approach
    • Our Clients
  • Property Claims
    • OUR EXPERTISE
    • OUR APPROACH
    • OUR CLIENTS
  • Public & Product Liability
    • OUR EXPERTISE
    • OUR APPROACH
    • OUR CLIENTS
  • Workers’ Compensation
    • OUR EXPERTISE
    • OUR APPROACH
    • FAST & EFFICIENT CLAIMS RESOLUTION
    • CLIENT TRAINING & SEMINARS
• Family Law | Wills & Estates
  • Property settlements
  • Children's disputes
  • Domestic violence
  • Guardianship
  • Separation & divorce
    • Applying for a divorce
    • Spousal maintenance
    • De facto
    • Superannuation
    • Dispute Resolution
  • Surrogacy
    • What is a surrogacy arrangement?
    • Can I be a surrogate?
    • Who can be an intended parent?
    • What is the first step?
    • What information will I receive from the lawyer?
    • What needs to be in the agreement?
    • Can I get paid to be a surrogate?
    • Are there any restrictions on conception?
    • Can I manage my own pregnancy?
    • What happens when the baby is born?
    • How is parentage transferred to the intended parents?
    • What happens if I no longer want to transfer the parentage of the child to the intended parents?
    • What happens if the intended parents no longer want the child?
    • Will the child ever find out who its birth parents are?
  • Wills & Estates
    • How can we assist you?
  • International Family Law
    • International Divorce
    • International Financial Issues
    • International Family Law & Children
  • Family Law resources & information
• Insurance & Health Know-How
  • Councillors and Officers
    • Defamation
    • Employment and Discrimination
    • Investigations, inquiries and prosecutions
    • Statutory liability
  • CTP
    • Cases where the issue of liability is the key issue
    • Complex litigation involving major or catastropic injury
    • High-volume and more complex claims
    • Legitimate and higher-volume claims
    • Multiple fraud claims
    • Using evidence to obtain an advantageous settlement at mediation
    • Using strategic approaches to obtain favourable settlements at mediation
  • Financial Lines
    • Class Actions
      • AGRIBUSINESS INVESTMENT CLASS ACTION
      • FORESTRY MANAGED INVESMENT SCHEME CLASS ACTION
      • MANUS ISLAND CLASS ACTION
      • CONTAMINATED SOY MILK CLASS ACTION
      • INTERRUPTION OF GAS SUPPLY
      • CONTAMINATION OF AVIATION FUEL
      • 'OCCUPY MELBOURNE' PROTESTERS
      • LEGIONELLA IN AQUARIUM
      • VOCATIONAL TRAINING PROVIDER CLASS ACTION
    • Cyber
      • COVERAGE ADVICE REGARDING A CYBER ATTACK
      • COVERAGE ADVICE REGARDING A FRAUDULENT EMAIL SCAM
      • COVERAGE COUNSEL IN A CYBER CASE
      • DEVELOPMENT OF CYBER POLICY COMPARISON TOOL
      • REVIEWED, REVISED AND REDRAFTED A CYBER INSURANCE POLICY FOR AN OVERSEAS INSURER TO SELL IN AUSTRALIA
    • Defamation
      • CEO OF COUNCIL
      • CHURCH
      • LAW FIRM
      • LOCAL COUNCIL
      • MEDIA PERSONALITY
      • PUBLIC RELATIONS COMPANY
      • RESIDENTIAL COMMUNITY ORGANISATION
      • SCHOOL PRINCIPAL
    • Directors' & Officers'
      • ASX LISTED COMPANY
      • AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION (ASIC) AND AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (ACCC) INVESTIGATIONS
      • CLASS ACTIONS
      • CONTENTIOUS PROCEEDINGS
      • DIRECTORS OF MINING COMPANIES
      • DISCRIMINATION AND WRONGFUL DISMISSAL
      • LLOYD’S SYNDICATE
      • MANAGING AND MONITORING LEGAL REPRESENTATION
      • NOT-FOR-PROFIT ORGANISATIONS
      • RESPONSIBLE ENTITY AND FRAUD
      • SHAREHOLDER LITIGATION
    • Employment Practices Liability
      • CONTRACTOR
      • GENERAL PROTECTIONS
      • NOT-FOR-PROFIT ORGANISATION
      • UNFAIR DISMISSAL
    • Financial Institutions
      • AFS LICENCE HOLDER - CLASS ACTION
      • AFS LICENCE HOLDER - INSOVLENT TRADING
      • FINANCIAL ADVISOR
      • FINANCIAL ADVISORS & AFS LICENCE HOLDERS - FOS & CIO COMPLAINTS
    • Management Liability
      • ACTING FOR LOCAL GOVERNMENT
      • EMPLOYMENT PRACTICES LIABILITY
      • GENERAL COMMERCIAL DISPUTES
      • INSOLVENT TRADING
      • SHAREHOLDER DISPUTES
    • Professional Indemnity
      • Construction
        • Architects
        • Building & Design
        • Engineers
        • Safety Consultants
        • Surveyors
      • Finance
        • Accountants & Auditors
        • Financial Planners
        • Financiers
        • Tax Practitioners
      • Health
        • Dentists
        • Medical Practitioners
        • Nurses
        • Pharmacists
        • Physiotherapists & Occupational Therapists
        • Social Workers
      • Legal
        • Conveyancers
        • Legal Practitioners
      • Property
        • Landlords
        • Real Estate Agents
        • Valuers
      • Other
        • Insurance Brokers
        • IT Professionals
  • Health
    • Disciplinary complaints
    • Coronial inquests
    • Court applications on medico-legal matters
    • Complaints to the Queensland Office of the Health Ombudsman (OHO)
    • Privacy and disclosure advice
    • Privacy disputes
    • Medical Malpractice
    • Medical Negligence
  • Property Claims
    • Complex Causation and Liability Issues
    • Cyclone Claims
    • Fire Damage Claims
    • Flood Claims
    • Hail Damage Claims
    • Landslip
    • Legal Issues
    • Other
  • Public & Product Liability Claims
    • Personal Injury Claims
      • Catastrophic Injuries
      • Mining Claims
      • Trip & Falls
      • Real Estate
      • Other
    • Third Party Property Claims
      • Building & Construction
      • Fire Damage
      • Industrial Accidents
      • Transport
  • Workers' Compensation
    • Back Injuries
    • Latent onset injury
    • Minor injuries
    • Psychiatric Injury
    • Serious physical injury