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- Building, Construction & Property
- Separating the Biowood from the ACPs - An Update
- Court of Appeal reapportions liability for Lacrosse apartment tower fire
- Form trumps substance as builder escapes liability for fire
- Property Insurance Update – Second Australian COVID-19 Business Interruption Test Case
- UK Supreme Court appeal decision on COVID-19 business interruption cover
- Property Insurance Update – Implications for Australian Insurers of the UK Covid-19 Test Case
- Property Insurance Update – UK High Court judgment on COVID-19 business interruption cover
- Separating the Biowood from the ACP's
- Code of Conduct for Building Surveyors in Victoria to take effect on 1 January 2021
- Building Sector Overhaul in NSW
- Victorian Government to fast-track cladding rectification scheme and give builders a chance to rectify their own work
- Property Insurance Update – Insurers’ defences to COVID-19 claim
- Property Insurance Update – Particulars of Claim Filed with UK High Court
- Property Insurance Update – Australian Business Interruption Claims Begin
- Property Insurance Update – UK COVID Test Cases
- 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
- A professional services exclusion defeats an insured builder's claim for indemnity under a public & products liability contract
- Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
- Flood decision has potential to unleash a torrent of claims
- 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...
- Property Insurance Update - COVID-19 not excluded in policies referring to the “Quarantine Act”
- 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
- From backyard campfire to bushfire: defendants found liable for damage resulting from 25,520-hectare bushfire
- You reap what you sow: farmers class action fails against seed supplier for sale of contaminated seed
- First in not necessarily best dressed when it comes to competing 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
- Compulsory Third Party (CTP)
- The first time the 2013 CTP regime is judicially considered in SA
- Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?
- Statutory Benefits and Single Vehicle Motor Accidents in NSW
- Oh the pain! The true cost of pain management for CTP claims in Australia
- Tasmanian general damages trailing behind the mainland no longer!
- Significant CTP cases of 2021: Victoria
- 30% contributory negligence finding against injured cyclist was reasonable
- Driver not liable in car v pedestrian
- Plaintiff successfully sues insurer for accident caused by stolen vehicle, despite credibility issues
- The Red Car Conundrum
- The court considers reasonable and appropriate rehabilitation services under the MAIA
- Significant CTP Cases of 2021: NSW and ACT
- When past aged care costs meet causation in CTP
- Personal Injury Commission - Pitfalls for Insurers and Claimants
- Driverless Law - Beyond 2021
- Road rage incident leads to broken foot: who’s to blame?
- 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
- 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
- Victoria or New South Wales? A question of applicable law
- 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
- Plaintiff beats MFO at trial and seeks indemnity costs
- NSWCA rules on liability evidence and contributory negligence in blameless motor accident case
- Pedestrian walking on a road hit by vehicle with lights on low beam
- CTP.Files | March 2020
- Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident
- 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
- Claimant must comply with request to attend MACA medical to continue claim
- The rise of driverless vehicles - who's in control?
- CTP.Files | July 2018
- What do the words ‘arising out of’ actually mean?
- CTP.Files | March 2018
- Illegality of electric cycle not determinative of liability or contributory negligence
- CTP.Files | June 2017
- No blameless accident in NSW unless fault in owner’s use or operation of vehicle
- CTP.Files | April 2017
- Rent is a medical benefit under Motor Accidents Regulations
- Insurer not liable for catastrophic injuries of unlicensed driver
- Witnesses and traffic history quash motorcyclist’s claim for damages
- COVID-19 Insights
- COVID-19 Wrap-Up 2021: The Year of the Phoenix?
- Mandatory Vaccines in the Workplace: Lawful & Reasonable Management Directions
- WorkSafe and COVID-Safe: Ongoing investigations highlight intense focus on COVID safety in the workplace
- Mandatory Vaccinations in the Workplace: Are they discriminatory?
- Mandatory Vaccinations: A workers’ compensation pickle
- The Jab-Dilemma: Complying with Government Directives
- All you need to know about mandatory vaccinations
- Mandatory Vaccinations: A Jab at Employees’ Privacy?
- Episode 18: The COVID-19 Vaccination with Dr Lai Heng Foong
- Job if you do, no job if you don’t
- Episode 17: COVID, mental health and the rise of telehealth with Dr Erika Penney
- Mental health and working from home during the pandemic
- 7 Steps to having a Covid Safe Christmas Party
- JabWatch: Your Guide to Mandatory COVID Vaccinations Across Australia
- Jobkeeper - Combatting COVID-19 Financial Impacts
- Could I face a class action if I fail to diagnose a patient with COVID-19?
- Employers should not assume they can require employees to receive COVID-19 vaccination
- We may not be ok. Taking care of mental health during Covid-19
- From JobKeeper to JobSeeker – employer’s rights to terminate employees unwilling to work during COVID
- 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?
- Navigating the new normal as a young professional
- FWC JobKeeper decision does not end in employee’s favour
- 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
- COVID-19 reality’s push for flexibility in the workplace
- The Checkup Episode 14: On the frontline of COVID-19 with Dr Lai Heng Foong
- The JobKeeper Legislation: What it means for you
- The JobKeeper Legislation FAQs
- COVID-19 and its impact on employers and employees - an FAQ
- Workers' Compensation and COVID-19 Series - Part 4 – Psychiatric injuries during the COVID-19 pandemic
- Life in Lockdown: how changes in our movements will impact the injury liability claims landscape
- The response to COVID-19: will insurers in Australia measure up?
- Workers’ Compensation and COVID-19 Series - Part 3 – Independent Medical Examinations in the age of COVID-19
- 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?
- Workers’ Compensation and COVID-19 series – Part 2 – Entitlement to workers’ compensation for injuries sustained whilst working from home
- Electronic Signatures and Witnessing from a Social Distance in Queensland
- Workers’ Compensation and COVID-19 series – Part 1 – Entitlement to workers’ compensation in Queensland for COVID-19
- Cyber
- Risk Management implications of Australia’s move to PEXA
- CyberFiles | February 2018
- The rise of driverless vehicles - who's in control?
- 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
- 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
- Employment and Safety
- Dismissal for vaccination delay ruled unfair
- Right call, wrong time – when does a requirement become inherent?
- Vaccine Policies in a Post Pandemic Workplace – Tips to Minimise Claim Exposure
- Work Health & Safety Federal Update 2022 - What you need to know
- Religious Discrimination Bill 2021
- No consultation = Mandatory Vaccination Unreasonable
- Employee was not forced to resign over mask mandate
- Indemnity for Fines? That is not ‘Fine’: New Victorian Laws Pass Penalties for Unsafe Workplaces Directly to Employers
- Employer fails to have employee medical records produced when defending stop bullying application
- High Court resolves casual employees’ entitlements in landmark decision of Rossato
- What are food delivery drivers - employees, independent contractors or neither?
- Court dismisses 71-year-old’s general protections claim where employment offer was rescinded
- Victim of workplace sexual harassment awarded indemnity costs
- Employee awarded $119,000 after suffering injuries from trying to answer the phone
- Awareness of Religious Discrimination during the Festive Season
- Difficult Conversations during the Festive Season
- Appropriate gift giving at work
- Court of Appeal upholds acquittal of company charged with tragic gassing of two newborns
- Social media no substitute for face-to-face meetings during performance management
- Work Health & Safety Federal Update - What you need to know
- Australian Capital Territory – Work Health and Safety Act 2011 (ACT)
- Northern Territory – Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
- NSW – Work Health and Safety Act 2011 (NSW)
- Queensland – Work Health and Safety Act 2011 (QLD)
- South Australia – Work Health and Safety Act 2012 (SA)
- Tasmania – Work Health and Safety Act 2012 (TAS)
- Victoria – Occupational Health and Safety Act 2004 (Vic)
- Western Australia – Occupational Safety and Health Act 1984 (WA)
- Western Australia - Parliament harmonises WHS legislation
- Employee awarded $45,000 in sexual harassment claim
- Employee drowning occurred just after OHS penalty increases - WA
- 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
- CEO found personally liable for settlement payments made due to his serious misconduct
- 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
- Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?
- Court confirms that heavy lifting without appropriate training is the pits while holding the plaintiff contributorily negligent by failing to use appropriate lifting techniques
- Ignorance is not bliss when it comes to discrimination
- Safety Update: NSW Code of Practice on managing psychosocial hazards at work
- Junior lawyer wins over $185,000 after employer breaches contract
- No liability for employee that sustains injuries at a Melbourne Cup event held by his employer on-site
- Court awards compensation to employee for work-related stress
- Work Health & Safety Update – Director imprisoned and $1M fine ordered under Qld legislation
- Employee assaulting colleague supports termination of employment
- 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.
- Overriding safety results in serious WHS breach
- Employer found liable for injuries to worker due to in-house modifications performed on machinery
- FWC upholds dismissal of glass-throwing employee at work Christmas party
- Worker denied damages in personal injury trial – the dangers of not getting your story straight
- Employer avoids liability for workplace psychiatric injury on causation grounds
- Slip time slip up: questions over a fair dismissal
- Failure to navigate alternate route around obstructed stairs leads to significant damages award
- No bullying risk for re-assigned employee
- Directing a worker to “tackle that task” inadequate: Court of Appeal finds employer liable for fall
- 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
- Court provisionally enforces 10 year restraint of trade period
- Can an employer direct an injured worker to see its own doctor?
- Temporary Skills Shortage Visa and its obligations on employers
- Unreliable witness loses her case against employer
- Full Court of Appeal upholds dismissal relating to controversial social media comments
- Franchisors and holding companies face increased risks under proposed Fair Work Act changes
- Mine operator successfully relies on contractual indemnity
- FWO seeks injunction restraining employer from underpaying workers in future
- Tribunal finds that employer did not discriminate against employee with alleged gambling addiction
- No employment connection for juicer injury
- Contributing factors to the failure to prove causation
- Employer’s negligence limits its right of recovery from another tortfeasor
- EPL.Files | June 2020
- EPL.Files | March 2020
- EPL.Files | March 2019
- Court finds MAIB not liable to indemnify employer for PTSD compensation paid
- EPL.Files | September 2018
- EPL.Files | July 2018
- Mine worker injured in car accident on way home from consecutive shifts successfully sues employers
- Employer fails in procedural fairness
- Doctor in denial of the real reasons for her dismissal
- Mandatory Vaccines in the Workplace: Lawful & Reasonable Management Directions
- Principal not liable for injuries to subcontractor’s employee
- Employer liable for psychiatric injury to employee from overwork and stress
- The Jab-Dilemma: Complying with Government Directives
- All you need to know about mandatory vaccinations
- EPL.Files | Anniversary Edition
- Sub-contractor solely liable for injuries to labour hire worker
- Employer liable for fatal helicopter crash
- Job if you do, no job if you don’t
- Mental health and working from home during the pandemic
- 7 Steps to having a Covid Safe Christmas Party
- When duties conflict - employer should have protected its employee from assault by client
- Jobkeeper - Combatting COVID-19 Financial Impacts
- Landmark damages award for quad bike rider rendered quadriplegic
- Employers should not assume they can require employees to receive COVID-19 vaccination
- Reminder: Separate romance and work
- EPL.Files | December 2017
- From JobKeeper to JobSeeker – employer’s rights to terminate employees unwilling to work during COVID
- 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
- Court says no second bite of the cherry for workers with rejected injuries
- FWC JobKeeper decision does not end in employee’s favour
- FWC’s misinterpretation of its powers
- Employer occupier not liable for employee’s injuries when tripping exiting building lift
- COVID-19 reality’s push for flexibility in the workplace
- EPL.Files | September 2017
- The JobKeeper Legislation: What it means for you
- The JobKeeper Legislation FAQs
- COVID-19 and its impact on employers and employees - an FAQ
- Employer discriminated against chartered accountant who contracted TB
- EPL.Files | Second Edition May 2017
- Workplace Health & Safety sparks concern for principals
- Sexual assault at work results in large damages payout
- Discrimination Law Update: More protection for religious bodies, more difficulties for other businesses?
- Plaintiff awarded over $1.6 million for injuries caused by uneven emergency staircase
- EPL.Files | Inaugural Edition March 2017
- Exclusion from jury duty on grounds of deafness is not discrimination
- General Insurance
- A study in risk: Understanding obvious risks of dangerous recreational activities
- “Action must be taken” – Senate Committee reports: Cyclone Reinsurance Pool pushes forward
- General insurance in 2022: here are 7 emerging areas you should watch
- Changes to Queensland pre-action disclosure obligations – what you need to know
- Not named – No worries: Third party beneficiary successfully claims indemnity for loss of goods under an Interest of Other Parties clause
- Employer’s negligence limits its right of recovery from another tortfeasor
- New Consumer Duty under Insurance Contracts Act 1984 commencing 5 October 2021
- The medico-legal headache: 3 months and you’re out
- The Opal Tower - installed, erected, supplied…but not a "Product"
- Full Federal Court reluctantly confirms Brit on working holiday is an independent contractor, not an employee
- Broker not in breach of duty when advising on increased declaration of Gross Sales Turnover with respect to business interruption renewal
- Former employee awarded $5.2 million in adverse action case
- The Court of Appeal overturns Lloyd’s’ win on other insurance clauses
- Duty of care breached and the wrist is history
- 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
- Injured worker’s award for future economic loss reduced by 50% for contingencies
- 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
- Insurer granted right to further examination of plaintiff after inadequate report provided by expert
- The dangers posed by punctuation: a comma prevents Insurer relying on defects exclusion in motor vehicle policy
- 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
- Insurer cannot deny indemnity because of criminal actions of insured’s son
- Houseboat operator fails to take appropriate precautions, resulting in double leg amputation
- 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
- S54 on the high seas
- New South Australian Uniform Civil Procedure Rules
- The utility of joining insurers to proceedings; what to do, what to do
- Adjournments during COVID-19 – should parties socially distance themselves from their upcoming hearing dates?
- No MACA compensation for injured worker because injury not caused by driving of vehicle
- 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
- 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?
- 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
- Electronic Signatures and Witnessing from a Social Distance in Queensland
- Health Sector
- Episode 22: The line between voluntary assisted dying and criminal conviction
- Episode 21: Health Complaints Commissioner: uncovering the complaints resolution process with HCC Resolutions Manager Felicity Lathrop
- Episode 20: Coronial Investigations - everything health professionals need to know with Coroner Simon McGregor
- No more lanyards and lessons from Oxycontin: Promoting medical devices and pharmaceuticals in 2022
- Vaccination, Vacillation, and Exemption: What should General Practitioners do with vaccine hesitant patients?
- Voluntary Assisted Dying in Australia: What you need to know
- Episode 19: #FreeBritney – how would Britney’s conservatorship play out in Australia?
- Overprotected?! How would Britney’s conservatorship hold up in Queensland?
- Social media for medical practitioners
- The Checkup Episode 16: Cultural and Legal Issues in Indigenous Health with Avelina Tarrago
- 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
- 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
- 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
- Episode 18: The COVID-19 Vaccination with Dr Lai Heng Foong
- HealthFiles | January 2019
- Episode 17: COVID, mental health and the rise of telehealth with Dr Erika Penney
- HealthFiles | September 2018
- HealthFiles | April 2018
- Hold your horses: NSWCA reins in CLA s5O defence
- Unsuccessful appeal on wrongful birth claim - despite hospital’s breach of duty
- A surgeon’s bias leads to a failure to consent
- We may not be ok. Taking care of mental health during Covid-19
- HealthFiles | November 2017
- 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?
- HealthFiles | August 2017
- 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
- South Eastern Sydney Area Health Service & Anor v King
- HealthFiles | June 2017
- The Checkup Episode 14: On the frontline of COVID-19 with Dr Lai Heng Foong
- HealthFiles | February 2017
- HealthFiles | January 2017
- Strict adherence to the Mental Health Act, is it necessary?
- HealthFiles | November 2016
- Man awarded $3.8m when spinal surgery led to paraplegia
- HealthFiles | September 2016
- Hospital liable for amputation to child’s thumb following infection due to delay in treatment
- HealthFiles | August 2016
- Insurance Issues
- Professional Indemnity & Financial Lines
- I’ll get by with a little support and sufficiency from my claims
- The continuing evolution of defamation law in Victoria
- 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?
- Insurance broker ordered to pay client’s copyright infringement settlement with Microsoft after failing to advise of potential risk
- Sins of the Brothers
- 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
- What do the words ‘arising out of’ actually mean?
- Claims Made Policy Sows the Seeds of Doubt
- Universal Music are not gonna take it anymore!
- 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...
- Our 'Rebel' tells no lies
- Are insurance contracts unfair?
- Group proceeding no bar to raising individual claim
- High Court affirms scope of advocates’ immunity
- When exactly is a contract of insurance formed?
- World Trade Centre Default Judgement - But enforcement may be difficult
- Newspaper ordered to pay significant damages for defaming former journalist
- It's Time
- Liability by Design
- CGU Insurance Limited v Porthouse
- Court adopts “not reasonable” test in refusing to grant an extension of the limitation period in a defamation case
- ‘Trump -v- Twitter’ and implications related to commercial social media use in Australia
- Duties of financial planners
- Facebook public page posters beware
- Real Estate Professionals Beware: Are you providing financial advice?
- ProFiles | October 2019
- ProFiles | March 2019
- 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 | September 2018
- Risk Management implications of Australia’s move to PEXA
- ProFiles | March 2018
- ProFiles | December 2017
- ProFiles | The Proportionate Liability Issue
- ProFiles | May 2017
- 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
- Court clarifies that PIPA inapplicable to conditions secondary to dust-related diseases
- Disembark this way – Court of Appeal rules on airport trip case
- Employer escapes responsibility after shearer’s cook falls on loose step on occupier’s premises
- Negligent misstatement, nuisance and no statutory defence – a fatal combination for Council
- Plain language exclusions – a berry good idea
- Tasmania reforms child abuse claims and obligations
- 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
- Residential Occupiers Found Liable: Has the castle been breached?
- Making the assessment of obvious risk more obvious
- NDIS set to launch early in Queensland
- Damage...the gist of the action and a question of fact
- Rainy days and known risks burden occupiers
- Shopping centre escapes liability for injury to shopper
- 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
- Legislation Update: WorkCover
- The grass is always greener on the other side
- Council as certifying authority overturns finding of liability to subsequent purchaser for structural defects
- Council found not liable for the criminal act of a third party… again
- 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
- Supermarket not liable for customer’s slip on grape
- 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
- BREAKING NEWS...
- A win for local authority - Council not liable for plaintiff’s tumble
- 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
- Injured chair lift user gets the “Perisher Blues”
- Immunity for volunteer organisations and their volunteers
- Murder and Mayhem in the Workplace
- Don't get tripped up: reviewing an occupier's liability for stairs
- Hotel occupier should have warned entrant of the presence of a raised timber platform in the lobby
- When things go Berry Berry Bad….. Product liability exposure for an importer
- Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence
- Where is David Lee Roth when you need him?
- A Landmark Decision
- Council liable for developer’s economic loss flowing from issue of inaccurate zoning certificate
- Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
- “Barista Elbow” results in $600,000 damages
- Westfield not liable to plaintiff for non-party independent cleaner’s negligence
- 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?
- Life in Lockdown: how changes in our movements will impact the injury liability claims landscape
- Exaggerated Personal Injuries Leads to a Contempt of Court Charge
- Professional Horse Racing is a Dangerous Recreational Activity
- Motel liable for failure to display signs prohibiting diving and indicating pool depth
- Climate Change and Insurance Cover
- High Court Rules in Favour of Principal Contractors
- Still tripping over
- Commencement of Qld laws on the liability of institutions for child abuse
- Workers' Compensation
- Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?
- WorkCover Queensland’s terminal benefits decision overturned for worker with silicosis
- Court confirms that heavy lifting without appropriate training is the pits while holding the plaintiff contributorily negligent by failing to use appropriate lifting techniques
- But the expert says!
- How far is too far? Victorian Supreme Court clarifies what is expected of employers where there is a reasonably foreseeable risk of psychiatric injury
- No liability for employee that sustains injuries at a Melbourne Cup event held by his employer on-site
- Employer found liable for employee’s conduct post-termination
- Reversing the onus of proof in journey claims: deceased worker unable to explain substantial deviation
- Findings of arbitrator admitted in common law proceedings: a consideration of when issue estoppel arises
- A reasonable management action… but was it taken in a reasonable way?
- Worker successfully appeals dismissal of claim due to error and matter remitted back to be determined by new Arbitrator
- COVID-19 death found to have occurred during the course of worker’s employment
- Supreme Court considers when an insurer can properly terminate a worker's statutory claim
- Worker successfully claims compensation for neck injury with an underlying degenerative condition
- Court of Appeal strikes out appeal made by injured worker
- Worker’s redundancy found to be unreasonable management action
- Clash of personalities - what is and is not work related
- Goldilocks evidence for reasonably arguable case determination still needed for employer to discharge onus
- Employee contribution to negligence: The distinction between innocent error of judgment and intentional ignorance of risk
- Safe work-site road surfaces: The importance of adequate inspection records
- Burdensome precautions: What is reasonable?
- 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
- 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?
- 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’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
- Wright v Glencore Queensland Limited [2016] QSC 247
- Consolidated Tribunal Under Construction: Proposed Dispute Resolution changes to New South Wales’ Workers Compensation Scheme
- Employer’s liability for a worker riding pallet jack like a scooter
- 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
- Employer can dispute liability for further workers’ compensation payments where there is a 14 (or more) day gap in medical certificates
- 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
- Court of Appeal increases damages awarded to injured truck driver
- WCompFiles | Holiday Edition 2018
- Recent snippets from the Tasmanian Workers' Rehabilitation and Compensation Tribunal
- Worker successfully claims compensation for permanent impairment resulting from injuries sustained in multiple workplace incidents
- 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
- Workers' Compensation and COVID-19 Series - Part 4 – Psychiatric injuries during the COVID-19 pandemic
- Pile driver held liable for injury to third party construction worker
- Workers’ Compensation and COVID-19 Series - Part 3 – Independent Medical Examinations in the age of COVID-19
- When is a worker on an authorised recess?
- WCompFiles | May 2018
- WCompFiles | Inaugural Edition March 2018
- Workers’ Compensation and COVID-19 series – Part 2 – Entitlement to workers’ compensation for injuries sustained whilst working from home
- Worker successfully appeals and secures right to seek compensation for a stress related disease
- Workers’ Compensation and COVID-19 series – Part 1 – Entitlement to workers’ compensation in Queensland for COVID-19
- Building, Construction & Property
- Family Law | Wills & Estates
- Child Support
- De Facto and Same Sex Relationships
- Dispute Resolution Options
- 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
- General
- 5 Tips For Finding the Right Family Lawyer
- Making difficult relationship decisions during COVID-19
- Bankruptcy in family law proceedings
- 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
- 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?
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- What’s Yours is Mine Part II
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