Barry.Nilsson. Lawyers

Ready to Ride? The proper delegation of State’s statutory function; reliance on expert witnesses and obvious risk

25 March 2020 | State & Local Authorities

The plaintiff suffered serious injury in a motocross accident and sued the State of NSW. The plaintiff’s claim rested on an allegation that the State had improperly issued a licence to a motocross track which was non-compliant with relevant...

Case Collective | March 2020

23 March 2020 | Case Collective eNewsletters

The March 2020 edition of Case Collective is essential reading for anyone needing to stay across the most recent decisions on a wide range of issues including policy interpretation; the negligence of legal & financial professionals; liability for...

When a Solicitor Sues for Psychiatric Injury

19 March 2020 | Employer's Liability

The Victorian Office of Public Prosecutions was found to have breached its duty to prevent psychiatric injury to an employed solicitor who was exposed to graphic and disturbing content in the course of her employment in the Specialist Sexual Offences...

Unsuccessful appeal on wrongful birth claim - despite hospital’s breach of duty

16 March 2020 | Health Law

The parents of a severely disabled twin were unsuccessful on appeal in establishing that if they had been informed of her condition in time, they would have been able to terminate the pregnancy and not incurred the substantial costs associated with her...

Insurance broker ordered to pay client’s copyright infringement settlement with Microsoft after failing to advise of potential risk

13 March 2020 | Insurance Issues

Online retailer PC Case Gear has been awarded damages from its former insurance broker, Instrat Insurance Brokers Pty Ltd. The Federal Court held that a reasonably competent insurance broker would have discerned a risk of copyright infringement from the...

Duty of care breached and the wrist is history

10 March 2020 | Insurance Issues

An appeal in the ACT Supreme Court has found that injuries sustained by a plaintiff during an “aerial sling” exercise class were the result of negligence by employees of the defendant company, iSpin. In Issue Whether iSpin breached its duty of...