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  1. The Court cares about a loss of ability to provide care

    1 November 2021 | Insurance & Health Law

    This Victorian Supreme Court decision provides guidance regarding the calculation of damages for gratuitous care to others in the context of a claim for damages for mesothelioma.

  2. The height of insignificance

    9 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)

  3. Disembark this way – Court of Appeal rules on airport trip case

    21 July 2021 | Insurance & Health Law

    The WA Court of Appeal considers the liability and contractual issues arising between an airline carrier, the owner/occupier of the airport and the entity providing ground handling services in circumstances where an injured person tripped and fell on a raised concrete plinth whilst crossing the...

  4. Prior complaints not sufficient to establish Council was aware of “particular risk”

    6 July 2021 | Insurance & Health Law

    In the recent decision of Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150, a public authority was afforded protection in respect of a claim brought by a pedestrian who fell on a temporary ramp on the road, despite receiving prior complaints about the...

  5. Historic abuse claim fails against foster parents

    3 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...

  6. Employer escapes responsibility after shearer’s cook falls on loose step on occupier’s premises

    21 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.

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