Court clarifies that PIPA inapplicable to conditions secondary to dust-related diseases14 June 2021 | Insurance & Health Law
To aid in facilitating the efficient management of dust diseases matters the Court has declared that the Personal Injuries Proceedings Act 2002 (and the requirement for pre-litigation steps) does not apply to personal injury that is or results from a dust-related condition.
Court of Appeal reapportions liability for Lacrosse apartment tower fire3 June 2021 | Insurance & Health Law
In March, we reported on the outcome of the appeal in the Lacrosse dispute. The Court of Appeal recently handed down a judgement on the apportionment of liability which we discuss below.
Historic abuse claim fails against foster parents3 June 2021 | Insurance & Health Law
The case involved a claim of historic sexual abuse and failure to help after notification, arising out of a foster parent / child relationship. The case required the trial judge to make numerous findings of fact in a difficult and complex evidentiary matrix. A legal determination was also made on...
Questions of liability and apportionment – Court of Appeal decides that statutory immunity prevents proportionate liability finding against concurrent wrongdoer3 June 2021 | Insurance & Health Law
In the recent New South Wales Court of Appeal decision of Woodhouse v Fitzgerald, the Court discusses the application of the proportionate liability regime under Civil Liability Act 2002 (NSW) in the context of the conduct of the Rural Fire Service whose officers are subject to a statutory immunity...
Employer escapes responsibility after shearer’s cook falls on loose step on occupier’s premises21 May 2021 | Insurance & Health Law
The New South Wales District Court found the occupier of a premises wholly liable, while the employer was found to have discharged its duty of care to its employee by undertaking a reasonable inspection of the premises.
You reap what you sow: farmers class action fails against seed supplier for sale of contaminated seed6 May 2021 | Insurance & Health Law
A long-standing class action brought by farmers against Advanta Seeds for the sale of contaminated seed has failed on the basis that no duty of care owing to the plaintiffs could be established.