Barry.Nilsson. Lawyers

School found negligent for historic abuses perpetrated by a volunteer on and off its premises

4 November 2021 | Insurance & Health Law

Historic child sexual abuse perpetrated by a volunteer, and not employee, of the defendant (on and off the defendant’s premises). Defendant found not to be vicariously liable for the perpetrator’s conduct but found to have been negligent in failing to identify, prevent and stop the abuse both...

The Court cares about a loss of ability to provide care

1 November 2021 | Insurance & Health Law

This Victorian Supreme Court decision provides guidance regarding the calculation of damages for gratuitous care to others in the context of a claim for damages for mesothelioma.

Truck driver personally liable for damage caused after using phone whilst driving

1 November 2021 | Insurance & Health Law

This decision considers whether a bailee (truck driver) owed a duty of care to a goods carrier and truck owner and whether that duty of care was breached by illegally using his mobile device, failing to pay due care and attention and losing control of the truck, causing it to crash.

Victorian Supreme Court considers prior deed set-off approach and occupational trajectory in historical abuse claim

1 November 2021 | Insurance & Health Law

In awarding damages flowing from a historical sexual abuse claim, the Supreme Court revisits a prior deed and determines various important issues associated with ‘set off’ provisions, analysis of alleged vocational and occupational trajectory in the context of economic loss, interest...

Quantifying damages in historical sexual assault claims

28 October 2021 | Insurance & Health Law

Victim of historic sexual assault awarded in excess of $1.2 million despite conflicting contemporaneous and expert evidence.

Permanent stay application refused in historical abuse proceeding against religious institution

25 October 2021 | Insurance & Health Law

The Supreme Court of New South Wales has refused an application for a stay of proceedings in respect of a historical sexual abuse claim commenced in 2020, where the assault was said to have occurred in 1968 and the alleged perpetrator died in 1996