Barry.Nilsson. Lawyers

Public Authority’s attempt to limit its liability goes up in flames

4 August 2021 | Public & Product Liability

The Western Australian Court of Appeal clarified the interaction between the statutory and common law duties of Western Power as operator of the state’s electricity distribution system, in respect of its duty of care to avoid or minimize the risk of harm to persons from fire arising from use of...

Landlord and Real Estate Agents successfully defend a negligence claim for latent defects

4 August 2021 | Public & Product Liability

A Victorian Court has found that occupiers and contracted real estate agents do not have an obligation to arrange inspection of their premises by experts unless they are alerted to defects.

Staying on the Tracks – Trains, Motor Vehicles, and Overcoming Limitation Periods

2 August 2021 | General Insurance

Former NSW Fire Brigade officer exposed to a traumatic event in the line of duty 20 years ago. Sought to commence proceedings in negligence against the State but was confronted with the perennial problem of limitation periods. Curial consideration of the meaning of “vehicle” vis-à-vis trains,...

Reliance Upon Medical Reports – consideration must be had for their context in disputing a workers compensation claim

28 July 2021 | Workers' Compensation

SUMMARY The decision of a Tasmanian Tribunal to infer meaning from the omission of specific terms in a medical report sought to be relied upon by the employer is successfully appealed in the Supreme Court. The Court rules that individual statements/responses in medical reports and their omissions ar

Do you even lift?

26 July 2021 | Public & Product Liability

The New South Wales Court of Appeal has upheld an earlier finding of negligence against a gym operator for failing to enforce its own rules requiring members to put weights away after use and, alternatively, failing to ensure staff put the weights away.

NSW Court of Appeal rules: “bare possibilities” are not enough to constitute notification of circumstances within the meaning of s40(3) of the Insurance Contracts Act 1984 (Cth)

26 July 2021 | General Insurance

The NSW Court of Appeal has clarified that a notification must contain sufficient information to enable an insurer to objectively assess the likelihood or possibility of a claim. To engage section 40(3) of the Insurance Contracts Act (1984) (Cth) (ICA) it will be sufficient that the notified facts a