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  1. Decision in Polglase confirmed by Court of Appeal

    6 November 2020 | Insurance & Health Law

    The NSW Court of Appeal has upheld the primary judge’s decision that a local Council breached its duty of care to an infant plaintiff who fell through a railing on a jetty, and that the State of NSW and the plaintiff’s grandparents were not...

  2. Failure to secure temporary signage has resulted in liability for Council

    17 June 2020 | Insurance & Health Law

    In the recent decision of Goondiwindi Regional Council v Tait [2020] QCA 119, the Court of Appeal upheld the decision that a local government was liable for failing to repair a pothole on a state-controlled road in a declared disaster area, and for...

  3. Ready to Ride? The proper delegation of State’s statutory function; reliance on expert witnesses and obvious risk

    25 March 2020 | Insurance & Health Law

    The plaintiff suffered serious injury in a motocross accident and sued the State of NSW. The plaintiff’s claim rested on an allegation that the State had improperly issued a licence to a motocross track which was non-compliant with relevant...

  4. Council found liable for failing to take preventative measures

    3 March 2020 | Insurance & Health Law

    The plaintiff, who was at the time 5 years of age, sustained serious injuries when he fell through a railing on the Coffs Harbour Jetty. The plaintiff was successful against Coffs Harbour City Council (Council) and the Coffs Coast State Park Trust (the...

  5. Court finds dam operators liable for causing the Brisbane floods

    10 February 2020 | Insurance & Health Law

    In an extensive written judgment, the Supreme Court of New South Wales has found the Queensland water authorities and flood engineers responsible for flood operations at Wivenhoe and Somerset Dams liable in negligence for damage arising out of the 2011...

  6. The pitfalls of pursuing an action against a Council

    6 February 2020 | Insurance & Health Law

    Canterbury Bankstown Council successfully defended a claim by a plaintiff pedestrian who suffered a fall as a result of a crack which formed around a Telstra pit. The plaintiff was unable to establish the risk of harm was not insignificant, and the Court...

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