Insights Insights
  1. Previous settlement a bar to recovery for victim of historical abuse

    17 August 2020 | Insurance & Health Law

    An applicant who had entered into a settlement with the respondent prior to changes removing the limitation period for victims of child sexual abuse, has failed to have the previous settlement set aside in order to pursue a further claim. In Issue The...

  2. Abuse claim refused on the basis of previous historical settlement

    9 December 2019 | Insurance & Health Law

    A plaintiff has failed to set aside a settlement entered into prior to recent changes to limitation legislation for victims of child abuse. The application arose in the context of legislative change to the Limitation Act 1969 (NSW), abolishing limitation...

  3. Appeal fails for both employer and host employer in manual work injury case

    24 May 2018 | Insurance & Health Law

    A plaintiff, injured whilst performing manual work in a host employment situation, has succeeded despite concerns about credit and medical causation. Both the host employer and employer were liable, on a 90/10 apportionment split. In Issue Liability for...

  4. Mine operator solely liable for injuries to labour hire worker

    20 July 2017 | Insurance & Health Law

    Whether a mine operator is liable for injury to an employee of a contractor for personal injury. In Issue Whether mine operator liable for personal injury to employee of contractor, including whether vicariously liable. The Background The plaintiff was an...

  5. Whether a host employer owed a duty of care to prevent psychiatric injury

    15 March 2017 | Insurance & Health Law

    Whether a duty of care was owed by host employer for criminal actions of a co-worker causing psychiatric injury to another worker. In Issue Whether duty of care owed for prevention of psychiatric injury Application of section 32 Civil Liability Act 2002...

  6. The importance of enforcement of a system of work

    1 February 2017 | Insurance & Health Law

    Host employer and legal employer held liable for failing to enforce a safe system of manual handling over a period of time. In Issue Factual and credit issues regarding the occurrence of a back injury from manual work Whether a safe system of work...

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