Accept or Decline - How Commercial Transactions have tapped their way into Jurisdictional Uncertainty5 December 2018 | Insurance & Health Law
In the past year there has been ambiguity around whether proceedings arising out of commercial transactions can be litigated in the District Court or Supreme Court of NSW. Since the judgment in NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd...
WCompFiles | Holiday Edition 201828 November 2018 | Insurance & Health Law
The festive season is almost upon us, and we’re delighted to bring you our final edition of WCompFiles for the year. This edition covers developments from around the country, including: Qld | Tips and traps on sharing of workers’ compensation...
Insurer’s reduction of income protection benefits not a capital idea27 November 2018 | Insurance & Health Law
The plaintiff held an income protection policy with the defendant. In September 2014, the defendant accepted the plaintiff’s claim for Total Disability Benefits. In January 2017, the plaintiff received an award of damages for personal injuries. The...
Not so cool-as-a-(sea)cucumber: Misrepresentation claim against respondent Council statute-barred26 November 2018 | Insurance & Health Law
The appellant operated a commercial sea cucumber hatchery. The appellant commenced proceedings against the respondent Council in relation to alleged misrepresentations it made regarding a new aquaculture precinct, upon which the appellant alleged it...
Employer’s duty of care in the face of pre-existing conditions20 November 2018 | Insurance & Health Law
An employer was found liable for the injuries sustained to a worker when he exited the employer's delivery truck whilst facing outwards, rather than inwards, although damages were substantially reduced to reflect a pre-existing condition. In Issue...
Negligence claim against employer succeeds after the activation of a portable alarm caused the plaintiff to be startled and strain his neck20 November 2018 | Insurance & Health Law
Case description The plaintiff claimed damages for personal injuries caused when a co-worker switched on a personal gas detector, which triggered an alarm, and startled the plaintiff. In Issue The court had to consider whether the plaintiff’s...