Why are damages sofa apart?4 May 2021 | Insurance & Health Law
The Plaintiff alleged that he injured his back whilst moving a large sofa which subsequently led to him suffering a serious psychiatric illness. Although the parties agreed that the Plaintiff was entitled to damages, their respective assessments differed significantly.
Warning, Obvious Risk!7 December 2020 | Insurance & Health Law
The WA Supreme Court of Appeal has confirmed that a residential occupier was not liable for injuries suffered by a neighbour who fell through a laserlite roof panel at the occupier’s home. The Court of Appeal confirmed that the risk was an obvious...
Failure to navigate alternate route around obstructed stairs leads to significant damages award27 November 2020 | Insurance & Health Law
This article explores the law in relation to issues of negligence and quantification of damages for a seaman who tripped over hoses on a midship stairway. In Issue Whether the risk of a crew member tripping over hoses obstructing a midship stairway was...
Millions in Damages for 60 Minutes’ work: Broadcaster’s Limited Success in Defamation Appeal16 November 2020 | Insurance & Health Law
Trigger Warning: This article contains details about a natural disaster which may be upsetting for some readers. Reader discretion is advised. The Queensland Court of Appeal has provided guidance concerning the liability of several concurrent tortfeasors...
Former employee awarded $5.2 million in adverse action case15 October 2020 | Insurance & Health Law
A landmark decision delivered by the Federal Court of Australia has resulted in an Applicant being granted more than $5.2 million in damages (plus interest) under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) and for a breach...
Injured worker’s award for future economic loss reduced by 50% for contingencies22 July 2020 | Insurance & Health Law
The Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...