Public Authority’s attempt to limit its liability goes up in flames4 August 2021 | Insurance & Health Law
The Western Australian Court of Appeal clarified the interaction between the statutory and common law duties of Western Power as operator of the state’s electricity distribution system, in respect of its duty of care to avoid or minimize the risk of harm to persons from fire arising from use of...
Landlord and Real Estate Agents successfully defend a negligence claim for latent defects4 August 2021 | Insurance & Health Law
A Victorian Court has found that occupiers and contracted real estate agents do not have an obligation to arrange inspection of their premises by experts unless they are alerted to defects.
From backyard campfire to bushfire: defendants found liable for damage resulting from 25,520-hectare bushfire2 August 2021 | Insurance & Health Law
The Court found two defendants were liable for 400 plaintiffs’ loss resulting from a bushfire that started with a poorly extinguished campfire. The defendants were found to have been negligent in both lighting the fire in the first place and subsequently failing to check on it for the following 6...
Staying on the Tracks – Trains, Motor Vehicles, and Overcoming Limitation Periods2 August 2021 | Insurance & Health Law
Former NSW Fire Brigade officer exposed to a traumatic event in the line of duty 20 years ago. Sought to commence proceedings in negligence against the State but was confronted with the perennial problem of limitation periods. Curial consideration of the meaning of “vehicle” vis-à-vis trains,...
Reliance Upon Medical Reports – consideration must be had for their context in disputing a workers compensation claim28 July 2021 | Insurance & Health Law
SUMMARY The decision of a Tasmanian Tribunal to infer meaning from the omission of specific terms in a medical report sought to be relied upon by the employer is successfully appealed in the Supreme Court. The Court rules that individual statements/responses in medical reports and their omissions...
Do you even lift?26 July 2021 | Insurance & Health Law
The New South Wales Court of Appeal has upheld an earlier finding of negligence against a gym operator for failing to enforce its own rules requiring members to put weights away after use and, alternatively, failing to ensure staff put the weights away.