Insights Insights
  1. When danger invites rescue, is there contributory negligence?

    7 June 2022 | Insurance & Health Law

    The Victorian Supreme Court found a driver who did not properly engage the handbrake on a street sweeper and was severely injured when attempting to stop the vehicle did not contribute to the incident. In Issue The issues before the Court were: Whether...

  2. Who and when to sue in the zoo

    6 June 2022 | Insurance & Health Law

    A scaffolding contractor on a building site was liable for injuries to the employee of a sub- contractor, and its defence that the claim was statute barred was rejected.

  3. Still glaringly obvious – no liability for cyclist collision with poorly lit barricade

    30 May 2022 | Insurance & Health Law

    The New South Wales District Court recently found a construction company was not liable for failing to illuminate a barricade erected for its building works, which a cyclist collided with at night.

  4. Safe systems of work - employees working outside the scope of their employment

    27 May 2022 | Insurance & Health Law

    Neither the principal contractor on a construction site, nor the employer of an injured worker were liable for injuries suffered by a bricklayer working at the Perth Stadium complex. The court did not accept the accident occurred in the circumstances alleged, and in any event was satisfied that a...

  5. It’s all fun and games until someone loses an eye: school liable for misbehaving student’s injuries despite obvious risk

    27 May 2022 | Insurance & Health Law

    The 16-year-old plaintiff and his classmates engaged in a game that involved throwing laptop stands at each other during a class. The teacher reprimanded the students, removed the laptop stands from their possession, and sent one student outside. When the teacher left the room to speak to the...

  6. Limitations of inferential reasoning considered in determining whether there was negligence of the driver of an unidentified vehicle

    20 April 2022 | Insurance & Health Law

    The Victorian Supreme Court has highlighted the limitations of inferential reasoning in relation to a plaintiff’s ability to prove that the oily substance on a highway, that caused her to collide with another vehicle, was on the highway by reason of the negligence of the driver of an unidentified...

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