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  1. Injury in PE Class not School’s Fault

    9 September 2016 | Insurance & Health Law

    In a unanimous decision on 24 August 2016, the New South Wales Court of Appeal dismissed an appeal by Jade Sanchez-Sidiropoulos (the plaintiff) from a judgement of the Supreme Court, which held that St Joachim’s Primary School (the School)[1] had...

  2. Bye Bye Byrne? Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016

    16 June 2016 | Insurance & Health Law

    The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 was tabled and read a first time in parliament on 14 June 2016. In large part the Bill essentially mirrors the intent of the National Injury...

  3. The Queensland Supreme Court finds that fund management fees are not recoverable under a statutory “liability for a death” claim

    12 April 2016 | Insurance & Health Law

    The Queensland Supreme Court has found that a child, whose parents were killed in a car accident, was not entitled to recover fund management fees as part of her action for statutory damages under the Civil Proceedings Act 2011 (CPA). The matter of Maggs...

  4. When a guest takes a tumble - The duty of care of residential occupiers

    18 March 2016 | Insurance & Health Law

    The New South Wales Court of Appeal recently considered the content and scope of the duty of care owed by occupiers of residential premises located in Turramurra, in the decision of Swift v Wearing-Smith [2016] NSWCA 38. On 5 November 2011 the respondent...

  5. No one at fault for catastrophic injuries sustained by young girl in pool diving accident

    20 November 2015 | Insurance & Health Law

    In a unanimous judgement delivered on 15 October 2015, the New South Wales Court of Appeal held that a school and local council were not liable for significant injuries sustained on 7 January 2008 by then 12 year old Emilie Miller, when she slipped while...

  6. Residential Occupiers Found Liable: Has the castle been breached?

    11 November 2015 | Insurance & Health Law

    Federal Court Judge: And what law are you basing this argument on? Darryl Kerrigan: The law of bloody common sense![1] Chief Justice Gleeson: There is no such thing as absolute safety. All residential premises contain hazards to their occupants and to...

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