Driverless Vehicles: Australia is playing catchup15 March 2019 | Insurance & Health Law
Frustration I have been interested in driverless vehicles for many years now and two things have been a source of constant frustration. The first is how the media pays a lot of attention to the failures particularly where deaths are involved. This focus...
Contributory negligence – a tale of two intoxicated plaintiffs15 March 2019 | Insurance & Health Law
Under the Civil Liability Act 2003 (Qld) there is a presumption that if a plaintiff is intoxicated, they contributed to their own injuries (known as contributory negligence). The concept of contributory negligence has been incorporated into legislation in...
When is a duty of care owed to the first responders to fatal accidents?15 March 2019 | Insurance & Health Law
Harm to the mental state of a claimant - as opposed to physical harm - has traditionally been called 'nervous shock'. However, despite this term still being used in some areas, it no longer accurately describes the common law regarding mental...
2018 NSW Parliamentary Review of the Compulsory Third Party Insurance Scheme15 March 2019 | Insurance & Health Law
How 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...
Lack of Contemporaneous Medical Records and Inconsistencies in Evidence18 February 2019 | Insurance & Health Law
When medico-legal evidence from competing orthopaedic surgeons is consistent, practitioners generally expect that evidence to be accepted by the court in assessing damages. The recent decision of Evans v Williams highlights what can happen at trial when...
Driving in the course of employment – is the employment a significant contributing factor?22 October 2018 | Insurance & Health Law
In Queensland, an injury to a worker is taken to arise out of or in the course of the worker’s employment if they are driving in the course of their employment or on a journey between their home and place of employment. This often leads to...