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  1. Court of Appeal affirms homeowner’s liability for slip on wet tiled steps

    4 November 2016 | Insurance & Health Law

    In Issue Whether the trial judge’s findings on foreseeability and lack of reasonable care were supported by the evidence and affected by hindsight bias. The Background Kaylene Chandler (the respondent) sustained serious injuries when she slipped on...

  2. Amendments to WCRA leave Byrne in play

    1 September 2016 | Insurance & Health Law

    The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 passed with amendment on 31 August 2016. As we previously reported, the majority of the Bill addresses the prescription of no-fault services for the...

  3. Residential Occupiers: Safe as houses?

    22 June 2016 | Insurance & Health Law

    Until now, residential occupiers have generally been able to take comfort that they were not under an obligation to take remediating action against risks of which they were not, and ought not reasonably have been, aware. Two recent decisions of Schultz v...

  4. 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...

  5. MacDougal v Mitchell [2015] NSWCA 389

    7 January 2016 | Insurance & Health Law

    In Queensland, section 52 of the Civil Liability Act 2003 (CLA) stipulates that aggravated and exemplary damages cannot be awarded in personal injury matters, with the exception of claims where the act that caused the injury was unlawful, intentional and...

  6. Changes to Workers’ Compensation scheme….

    12 October 2015 | Insurance & Health Law

    We have recently reported that the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (‘the Act’) has been passed by Parliament and received assent on 24 September 2015. The Act removes the requirement that...

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