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Spear tackles…it’s still the thought that counts
10 December 2020 | Insurance & Health LawThe New South Wales Court of Appeal upheld Abadee DCJ’s decision that the appellant, who suffered injuries from a spear tackle during a game of Rugby League, could not bring a claim at common law as there was no “intent to injure”. In...
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You have been warned! Adequate warning by local authority precludes claim for slip and fall on boat ramp
7 October 2020 | Insurance & Health LawA local authority has successfully defended a claim involving a slip and fall on a boat ramp on the basis that the plaintiff was engaged in a recreational activity, the risk of that activity was the subject of a risk warning, and that the risk of slipping...
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Application to set aside settlement agreements and leave to commence an action for child sex abuse granted
4 September 2020 | Insurance & Health LawTRIGGER WARNING: This article contains details about sexual assault which may be upsetting for some readers. Reader discretion is advised. The plaintiff was subject to sexual, physical and mental abuse between 1954 and 1961 whilst he was living at the...
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Tasmania reforms child abuse claims and obligations
11 June 2020 | Insurance & Health LawThe recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse has empowered the Tasmanian Government to revolutionise the law in Tasmania in regards to child abuse claims with the enactment of the Justice Legislation...
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Life in Lockdown: how changes in our movements will impact the injury liability claims landscape
22 May 2020 | Insurance & Health LawCOVID-19 has had wide-reaching consequences on our lives. For the last 2 months or so, we have been working from home (where possible) and practising social distancing. With social distancing restrictions now starting to ease, people are slowly starting...
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Duty of care breached and the wrist is history
10 March 2020 | Insurance & Health LawAn appeal in the ACT Supreme Court has found that injuries sustained by a plaintiff during an “aerial sling” exercise class were the result of negligence by employees of the defendant company, iSpin. In Issue Whether iSpin breached its duty of...
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