Insights Insights
  1. Protection from civil liability defence not available to Queensland State Government

    14 November 2017 | Insurance & Health Law

    Statutory protection from civil liability for Queensland Ambulance Service does not extend to the State of Queensland. In Issue Whether the State of Queensland was a ‘prescribed entity’ Whether the State could rely upon the protection from...

  2. The grass is always greener on the other side

    12 October 2017 | Insurance & Health Law

    In June 2011, Mrs Holland tripped and fell whilst crossing the road at an intersection in Rosebery NSW. As a result, she injured her left elbow and back. She sought damages from the City of Botany Bay Council claiming it was negligent in failing to...

  3. Council as certifying authority overturns finding of liability to subsequent purchaser for structural defects

    28 September 2017 | Insurance & Health Law

    The Court of Appeal rejected a novel claim by a subsequent purchaser of a residential property to recover damages for pure economic loss from the local Council. In Issue Whether Council, as principal certifying authority, owed the purchaser of residential

  4. A reserve is not a “pathway” and statutory defence applies but does not relieve Council for breach of common law obligations in respect of infrastructure

    1 June 2017 | Insurance & Health Law

    Local Council avoids liability for breach of statutory duty but is nevertheless held liable for breach of common law duty of care following trip and fall on stormwater pit in Council reserve. In Issue Whether the reserve was properly classified as...

  5. A win for local authority - Council not liable for plaintiff’s tumble

    24 May 2017 | Insurance & Health Law

    Barry.Nilsson. recently successfully defended a claim against the Brisbane City Council by establishing that the plaintiff's injury was not, as alleged by her, sustained when her foot became entrapped by a protruding object in a park. In Issue Whether

  6. Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence

    6 April 2017 | Insurance & Health Law

    A claim for nuisance with respect to railway culverts which allegedly resulted in a concentrated flow of water onto the plaintiff's property. In Issue Whether culverts resulted in water being directed to the grazing property of the plaintiff; Whether.

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