Barry.Nilsson. Lawyers

Disembark this way – Court of Appeal rules on airport trip case

21 July 2021 | Insurance & Health Law

The WA Court of Appeal considers the liability and contractual issues arising between an airline carrier, the owner/occupier of the airport and the entity providing ground handling services in circumstances where an injured person tripped and fell on a raised concrete plinth whilst crossing the...

Court clarifies that PIPA inapplicable to conditions secondary to dust-related diseases

14 June 2021 | Insurance & Health Law

To aid in facilitating the efficient management of dust diseases matters the Court has declared that the Personal Injuries Proceedings Act 2002 (and the requirement for pre-litigation steps) does not apply to personal injury that is or results from a dust-related condition.

Employer escapes responsibility after shearer’s cook falls on loose step on occupier’s premises

21 May 2021 | Insurance & Health Law

The New South Wales District Court found the occupier of a premises wholly liable, while the employer was found to have discharged its duty of care to its employee by undertaking a reasonable inspection of the premises.

Negligent misstatement, nuisance and no statutory defence – a fatal combination for Council

29 January 2021 | Insurance & Health Law

The plaintiff homeowner sued Council for negligent misstatement and nuisance for failing to disclose the existence of an underground stormwater pipe on a planning certificate issued prior to purchase. The pipe ultimately became blocked, resulting in...

Plain language exclusions – a berry good idea

18 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...

Tasmania reforms child abuse claims and obligations

11 June 2020 | Insurance & Health Law

The recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse has empowered the Tasmanian Government to revolutionise the law in Tasmania in regards to child abuse claims with the enactment of the Justice Legislation...