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  1. Statutory defences – a win for public authorities

    5 April 2016 | Insurance & Health Law

    The Civil Liability Act 2002 (NSW) (the CLA) contains complete and partial defences for public and other authorities when civil claims are made based on the exercise, or failure to exercise, a statutory power or function. The recent judgement in Bankstown...

  2. The fortunes of those pursuing footpath claims take another tumble

    29 February 2016 | Insurance & Health Law

    The Western Australian Court of Appeal has recently upheld the dismissal of a plaintiff’s claim for damages as a result of a trip and fall on a footpath. The decision is another in a consistent line of authority to confirm that these matters remain...

  3. “Appalling inadvertence” not enough to topple claim

    23 July 2015 | Insurance & Health Law

    The Full Court of the Supreme Court of Tasmania recently held that the driver of an overloaded heavy vehicle that caused damage to a railway overpass was entitled to indemnity on the basis that the overloading was accidental and was not reckless and...

  4. A scuffle between patrons - Should the Bowling Club be found liable?

    26 June 2015 | Insurance & Health Law

    Overview When two patrons of the Ettalong Memorial Bowling Club (the Club) did not see eye to eye and a scuffle broke out, the Club’s security was brought into question. This article looks at Tilden v Gregg [2015] NSWCA 164 and the New South Wales...

  5. “Appalling inadvertence” not enough to topple claim

    9 June 2015 | Insurance & Health Law

    The Full Court of the Supreme Court of Tasmania recently held that the driver of an overloaded heavy vehicle that caused damage to a railway overpass was entitled to indemnity on the basis that the overloading was accidental and was not reckless and...

  6. Murder and Mayhem in the Workplace

    24 March 2015 | Insurance & Health Law

    In a set of facts reminiscent of an American TV drama, a telecommunications worker has successfully claimed damages in the NSW Supreme Court from his host employer after being assaulted by a co-worker who attempted to murder the plaintiff by luring him to a rooftop and attempting to throw him off.

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