Class Action Loses Oxygen in Insurance Coverage Dispute28 April 2022 | Insurance & Health Law
The Insurer of a now defunct plumbing company allegedly responsible for igniting bushfires in 2017 was entitled to rely on a policy exclusion relating to welding work to deny cover for the claim.
The David v Goliath Battle for a Good Night's Sleep11 April 2022 | Insurance & Health Law
Balls Hills Wind Farm Pty Ltd, which operated turbines at night, failed to take steps to mitigate the production of noise, and lost a David v Goliath battle costing hundreds of thousands of dollars and resulting in injunctions being enforced against them to restrict the production of noise.
Plaintiff’s grape expectations go unfulfilled7 April 2022 | Insurance & Health Law
A major supermarket operator has successfully defended a negligence claim from a plaintiff who slipped on a grape.
Motorbike stunt performer voluntarily assumes risk after disregarding warning from stunt clown25 March 2022 | Insurance & Health Law
This case considered the duty of care of a manager and promoter of a show to a performer, and the voluntary assumption of risk defence.
Assessing damages in sexual assault claims16 March 2022 | Insurance & Health Law
Sexual assaults are often causative of long-term psychiatric injuries. Recently, the NSW Supreme Court provided some guidance regarding the assessment of damages in the context of a sexual assault claim and observed that the moderating limitations on damages imposed by the Civil Liability Act are...
Principal contractor liable to independent contractor’s employee for failing to co-ordinate activities at a construction site14 February 2022 | Insurance & Health Law
A worker has been successful in his claim for damages against both his employer and the principal contractor in the District Court of WA. This case explores the scope of duty of care of a principal contractor to an independent contractor’s employee and also apportionment of liability between a...