Barry.Nilsson. Lawyers

When danger invites rescue, is there contributory negligence?

7 June 2022 | Insurance & Health Law

The Victorian Supreme Court found a driver who did not properly engage the handbrake on a street sweeper and was severely injured when attempting to stop the vehicle did not contribute to the incident. In Issue The issues before the Court were: Whether...

Intent does not suffice, employers can’t roll the dice on inherent risks

27 May 2022 | Insurance & Health Law

A recent High Court decision again put the issue of mental health at the forefront exploring a duty of care in instances where the risk of psychological injury is heightened through the inherent nature of the role resulting in a need to ensure ongoing and active implementation of a safe system of...

WorkSafe and COVID-Safe: Ongoing investigations highlight intense focus on COVID safety in the workplace

1 December 2021 | Insurance & Health Law

With the pandemic settling down and people begin to return to work, WorkSafe Victoria is investigating employers regarding potentially unsafe practices relating to the management and control of COVID-19 in the workplace. We discuss WorkSafe’s approach and the likely key areas of focus in the...

Indemnity for Fines? That is not ‘Fine’: New Victorian Laws Pass Penalties for Unsafe Workplaces Directly to Employers

11 October 2021 | Insurance & Health Law

Recent amendments to the Occupational Health and Safety Act 2004 (Vic) (OH&S Act) immediately void any term of an insurance contract or arrangement which indemnifies a person or entity for a penalty imposed for a breach of the OH&S Act regardless of whether a prosecution is on foot, when the policy...

Job if you do, no job if you don’t

15 July 2021 | Insurance & Health Law

The topic of mandatory vaccination has become prominent in recent times due to COVID-19. As a result, the question of an employer’s ability to require employees to be vaccinated has been asked more frequently than ever before. So, can an employer make an employee get a vaccination?

Mental health and working from home during the pandemic

30 June 2021 | Insurance & Health Law

As several states and territories enter lock down again, the blurring of the boundaries between work and personal life has become the norm in our current pandemic reality. While WFH arrangements are become increasingly necessary to minimising and responding to the transmission of COVID-19, this can...