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2018 NSW Parliamentary Review of the Compulsory Third Party Insurance Scheme
15 March 2019 | Insurance & Health LawHow well is the scheme tracking in terms of its objectives? The parliamentary committee was established to review the Compulsory Third Party Insurance Scheme since legislative reforms were implemented to the Motor Accident Injuries Act 2017 (NSW) on 1...
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Wrongful Birth Claim: Breach of duty of care found, but judgment for the defendant
16 October 2018 | Insurance & Health LawA suit for wrongful birth was brought by the parents of a severely disabled child against the Canberra Hospital. The child, Saba Nouri, was born on 3 November 2011 suffering from trachea-oesophageal fistula (a TOF) which is an abnormal connection betwe...
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Labour hire employer not liable – no dual vicarious liability in Australia
26 October 2017 | Insurance & Health LawOccupier escapes liability for injury to labour hire employee despite ownership of vehicle which caused injuries. In Issue Whether employer vicariously liable for driver of pallet mover Whether Coles as occupier was negligent under Civil Liability Act...
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Can a participant in the NSW Lifetime Care and Support Scheme 'withdraw' from the Scheme?
30 May 2017 | Insurance & Health LawAn issue which has arisen recently in practice, is whether or not a participant in the NSW Lifetime Care and Support Scheme (whether interim or permanent) can elect to 'withdraw' from the Scheme and refuse services provided by the Schem...
