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Case Collective

  1. Despite an employer’s intentions to the contrary, if it looks like a contract for service, it’s more often than not a contract for service

    10 April 2019 | Employer's Liability

    The Supreme Court of Tasmania allowed the appellant worker’s appeal against a decision of the Workers Rehabilitation and Compensation Tribunal, finding that the appellant was a worker for the purposes of the Workers Rehabilitation and Compensation..

  2. Do you know really who your clients are?

    10 April 2019 | Lawyers' Negligence

    The New South Wales Court of Appeal allowed the appellant’s appeal against the decision of the Supreme Court of New South Wales, finding that there was a solicitor/client relationship between the appellant and the respondent solicitors despite the..

  3. Liability for compensation for death of volunteer firefighter – who should pay?

    3 April 2019 | State & Local Authorities

    City’s liability to pay compensation (and hold relevant insurances) for death arising in a volunteer fire fighting capacity is greater than that of the State. In Issue Whether compensation for injury for the purposes of the Bush Fires Act 1954 (WA).

  4. Out of time: insurers have a win on limitation issues

    26 March 2019 | Insurance Issues

    In considering the defence of any claim, one of the first ports of call is whether the claim is time barred. In this recent decision, the New South Wales Court of Appeal considered when the cause of action for breach of an obligation to indemnify under an

  5. Lack of practice makes perfect defence fail

    26 March 2019 | Health Law

    The New South Wales District Court considers a spate of recent peer professional opinion defence decisions and says no witness necessary for pure mental harm. In this recent District Court decision four family members of a man who died following discharge

  6. Historic joint sitting of Federal and State Appeal courts gives further support for common fund orders

    26 March 2019 | Financial Professionals' Negligence

    In an unprecedented move, a joint sitting of the Full Court of the Federal Court of Australia (Court) and the New South Wales Court of Appeal, heard appeals in Westpac Banking Corporation & Anor v Lenthall & Ors (Westpac decision) and Brewster v..

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