Don’t trip up by failing to have a reasonable system of inspection6 September 2021 | Insurance & Health Law
A schoolgirl who sustained an ACL injury during a weekend school touch football match failed to establish that it was caused by a hole or depression on the field, and her claim against the local council and the school was dismissed.
When is tendency evidence admissible in alleged abuse cases?27 August 2021 | Insurance & Health Law
A ruling on the admissibility of tendency evidence from victims of sexual abuse who gave evidence at a criminal trial.
Inculpatory documents are not necessarily “material”: District Court dismisses application to extend limitation period27 August 2021 | Insurance & Health Law
The District Court of Queensland has dismissed an application to extend a limitation period, concluding that two reports containing comments adverse to the respondents did not contain any material facts of a decisive character.
Council found liable for not watching their step13 August 2021 | Insurance & Health Law
The NSW Court of Appeal affirmed a decision that a local Council was liable for injuries sustained by the respondent after falling on steps located on a stepped pathway. A cross appeal on contributory negligence was unsuccessful, but on the percentage discount on past economic loss was successful.
Historical abuse proceedings against religious institution permanently stayed9 August 2021 | Insurance & Health Law
The Victorian Supreme Court has granted an application by a religious institution for a permanent stay of a case involving alleged sexual abuse committed by a priest against an altar boy in the early 1980s.
The height of insignificance9 August 2021 | Insurance & Health Law
The NSW District Court held a 5 – 10mm footpath height differential posed an insignificant risk within the meaning of section 5B(1)(b) of the Civil Liability Act 2002 (NSW)