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Warning, Obvious Risk!
7 December 2020 | Insurance & Health LawThe 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...
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Failure to navigate alternate route around obstructed stairs leads to significant damages award
27 November 2020 | Insurance & Health LawThis 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...
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Millions in Damages for 60 Minutes’ work: Broadcaster’s Limited Success in Defamation Appeal
16 November 2020 | Insurance & Health LawTrigger 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...
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Former employee awarded $5.2 million in adverse action case
15 October 2020 | Insurance & Health LawA 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...
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Injured worker’s award for future economic loss reduced by 50% for contingencies
22 July 2020 | Insurance & Health LawThe 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...
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Court rules on apportionment and interest in Brisbane floods class action
26 June 2020 | Insurance & Health LawThe Supreme Court of New South Wales has ruled on further issues arising from its November 2019 judgment in the Queensland floods class action, including the representative plaintiff’s claim for interest on damages for “gratuitous...
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