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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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It’s all downhill from here
4 December 2020 | Insurance & Health LawCourt 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...
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There is no horsing around when it comes to dangerous recreational activities
16 November 2020 | Insurance & Health LawUnsuccessful 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...
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Are clubs and regional sporting groups now required to advise volunteers not to grab mugs of burning oil? Yes, according to the Tas Supreme Court
4 November 2020 | Insurance & Health LawA community bowls club volunteer cooking a BBQ at a barefoot bowls event has successfully sued the club in negligence after he suffered burns to his hand when removing a mug of burning oil from beneath the BBQ. In issue Defining the risk of harm 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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Greyhound racer leaves Court of Appeal with tail between his legs
28 September 2020 | Insurance & Health LawThe NSW Court of Appeal finds that injuries to a gate keeper at a greyhound racing club triggered the “dangerous recreational activity” defence under the Civil Liability Act 2002 (NSW). In Issue Whether the injuries suffered by a gate keeper...
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