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  1. Vicarious liability of sub-contractor for employees’ breach of duty to employee of another sub-contractor

    15 July 2021 | Insurance & Health Law

    The plaintiff allegedly sustained a psychiatric injury after witnessing physical injuries to employees of a sub-contractor on a work site. The plaintiff was unsuccessful in establishing liability against either defendant.

  2. From roughhouse to courthouse – skylarking, surveillance and spurious claims

    10 August 2020 | Insurance & Health Law

    The NSW District Court has found in favour of the plaintiff in a personal injuries case, which involved serious challenges to his credibility. Both the circumstances of the incident (which resulted in him sustaining a serious ankle fracture) and the...

  3. Occupier not on duty for security guard’s injury

    12 June 2019 | Insurance & Health Law

    A security guard brought proceedings against an occupier of commercial premises, the security provider and the insurer of his deregistered labour-hire company for psychiatric injury resulting from criminal conduct of an intruder during a break-in. In...

  4. Untangling the web between occupier’s and employer’s obligations

    13 March 2019 | Insurance & Health Law

    Apportionment of liability between an occupier and an employer. In Issue Breach of occupier’s and employer’s duties and apportionment of contribution between them. The Background David Ford (worker) was employed by Elmore Haulage Pty Ltd...

  5. Appeal fails for both employer and host employer in manual work injury case

    24 May 2018 | Insurance & Health Law

    A plaintiff, injured whilst performing manual work in a host employment situation, has succeeded despite concerns about credit and medical causation. Both the host employer and employer were liable, on a 90/10 apportionment split. In Issue Liability for...

  6. ‘Creation of a hazardous situation’: a key issue in determining apportionment in multi-defendant personal injury disputes

    1 February 2018 | Insurance & Health Law

    The Victorian Supreme Court recently examined a non-employer third party's duty of care in circumstances where that party had no involvement with the task being performed by the injured worker when he was injured. It also considered apportionment of...

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