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Public Authority’s attempt to limit its liability goes up in flames
4 August 2021 | Insurance & Health LawThe Western Australian Court of Appeal clarified the interaction between the statutory and common law duties of Western Power as operator of the state’s electricity distribution system, in respect of its duty of care to avoid or minimize the risk of harm to persons from fire arising from use of...
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Landlord and Real Estate Agents successfully defend a negligence claim for latent defects
4 August 2021 | Insurance & Health LawA Victorian Court has found that occupiers and contracted real estate agents do not have an obligation to arrange inspection of their premises by experts unless they are alerted to defects.
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Do you even lift?
26 July 2021 | Insurance & Health LawThe New South Wales Court of Appeal has upheld an earlier finding of negligence against a gym operator for failing to enforce its own rules requiring members to put weights away after use and, alternatively, failing to ensure staff put the weights away.
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Victorian Supreme Court confirms alleged perpetrator right to self-incrimination privilege in context of defending civil proceeding allegations
26 July 2021 | Insurance & Health LawThe Victorian Supreme Court has recently considered the operation of s 128 of the Evidence Act 2008 (Vic) (the Act) and whether it was in the interests of justice to require an alleged perpetrator of sexual abuse to give evidence in civil proceedings. His Honour rejected the defendant’s...
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Disembark this way – Court of Appeal rules on airport trip case
21 July 2021 | Insurance & Health LawThe 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...
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Historic child sexual abuse claim - three insurers liable to indemnify school
6 July 2021 | Insurance & Health LawThe plaintiff was subjected to sexual abuse when she attended Helena College between 1986 – 1990. The plaintiff settled her claim against Helena College Council Inc (trading as Helena College) (Helena College). Helena College then proceeded with its third party claims against three separate...
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