Employee awarded $119,000 after suffering injuries from trying to answer the phone19 January 2021 | Insurance & Health Law
An employee rolled her ankle and injured herself after rushing to answer a phone call during work. It was found the risk of injury was not insignificant, and the employer should have taken precautions to prevent the risk of harm, by purchasing a headset....
The long-stop limitation period extends to all building work, so says Court of Appeal23 December 2020 | Insurance & Health Law
Those in the building and construction industry will benefit from clarification provided by the NSW Court of Appeal on the operation of the long-stop limitation period in the Environmental Planning and Assessment Act. In issue The only issue before the...
NSW Bill to permit courts to set aside child sexual abuse settlement agreements23 December 2020 | Insurance & Health Law
A draft bill will be introduced to the NSW Parliament in early 2021 which if passed will grant courts the power to set aside child sexual abuse settlement agreements entered into before the 2016 and 2018 child sexual abuse reforms. The background A draft...
Booze burns in warehouse blaze: Accounting for insurable interests of Third Party Beneficiaries22 December 2020 | Insurance & Health Law
Claim by MOS Beverages (the Applicant), as a third party beneficiary, for indemnity for loss of goods under an Industrial Special Risks Policy issued by CGU (the Respondent) to Admiral International Pty Ltd (Admiral), and interpretation of policy wording...
Plain language exclusions – a berry good idea18 December 2020 | Insurance & Health Law
A recent application of policy exclusions in a damages claim arising from contaminated food products. In Issue The Supreme Court considered the application of various exclusion clauses in a policy of insurance that an insurer sought to rely on to deny...
Employer avoids liability for workplace psychiatric injury on causation grounds17 December 2020 | Insurance & Health Law
A Victorian government legal office has successfully appealed a finding of liability for psychiatric injuries suffered by a solicitor working in a sexual offences unit because the solicitor failed to establish that measures open to be taken would have...