Federal and NSW governments strengthen the rights of historical child sexual abuse survivors14 April 2021 | Insurance & Health Law
Legislative changes at the Commonwealth and NSW level aim to bolster the rights of survivors of child sexual abuse. It is expected that the changes will improve the efficiency of the National Redress Scheme for Institutional Child Sexual Abuse and provide a better footing for survivors in NSW to...
Conduct required to decline indemnity under a reasonable precautions clause clarified by the Victorian Supreme Court6 April 2021 | Insurance & Health Law
This case considered a dispute between an insurer and its insured regarding the insurer’s refusal to grant indemnity to the insured under a public liability policy. The court found clauses that require an insured to take reasonable precautions are not breached by actions that amount to negligence,...
The runaway van and the contractor6 April 2021 | Insurance & Health Law
A subcontracted delivery driver who was run over by his van was unsuccessful in his negligence claim against the principal contractor. Despite the principal contractor having supplied the van to the plaintiff and having provided some instructions to him as to its use, the court found that...
A sheepish accident worth $1.4 million12 March 2021 | Insurance & Health Law
A worker was awarded damages of $1.4 million for injuries arising from a workplace incident where a trailer deck dropped on his arm when he was unloading sheep from a trailer.
No Negligence? No Liability!28 January 2021 | Insurance & Health Law
The New South Wales Court of Appeal has confirmed a commercial occupier is not liable for injuries suffered by a patron who slips and falls over a water spillage if a sufficient cleaning system is implemented. In Issue Whether an occupier of a shopping...
Worker denied damages in personal injury trial – the dangers of not getting your story straight20 January 2021 | Insurance & Health Law
Barry.Nilsson. recently acted for the defendant in a personal injury case in the Townsville District Court, in which the plaintiff alleged he sustained injuries to his lumbar spine as a result of an incident on a worksite in February 2013. Both liability...