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.
Don’t trip up by failing to have a reasonable system of inspection6 September 2021 | Insurance & Health Law
A schoolgirl who sustained an ACL injury during a weekend school touch football match failed to establish that it was caused by a hole or depression on the field, and her claim against the local council and the school was dismissed.
Do you even lift?26 July 2021 | Insurance & Health Law
The 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.
Spear tackles…it’s still the thought that counts10 December 2020 | Insurance & Health Law
The 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...
It’s all downhill from here4 December 2020 | Insurance & Health Law
Court rules in favour of Perisher Blue and adds skiing to long list of dangerous recreational activities recognised by the courts. In Issue Whether skiing in a dangerous reactional activity as defined in the Civil Liability Act 2003 (NSW)(CLA). Whether...
There is no horsing around when it comes to dangerous recreational activities16 November 2020 | Insurance & Health Law
Unsuccessful appeal against a finding that campdrafting is a dangerous recreational activity and quadriplegic injuries sustained were the result of materialisation of an obvious risk. In Issue Whether the Australian Bushmen’s Campdraft & Rodeo...