Barry.Nilsson. Lawyers

The Opal Tower - installed, erected, supplied…but not a "Product"

22 July 2021 | Insurance & Health Law

The Full Court of the Federal Court of Australia was asked to determine a rather unique dispute as to whether the Opal Tower was a “Product” for the purposes of a policy of insurance. Having regard to the context of the policy as a whole, the Court said no.

The medico-legal headache: 3 months and you’re out

16 June 2021 | Insurance & Health Law

The effect of a recent Queensland Supreme Court decision that considered timing and delays in obtaining medico-legal evidence is resulting in personal injury claims being subjected to arbitrary conditions on the timing of medico-legal examinations. Among the most popular is a condition being imposed...

Full Federal Court reluctantly confirms Brit on working holiday is an independent contractor, not an employee

15 March 2021 | Insurance & Health Law

A CFMMEU backed worker has had his claim for compensation and orders for penalties under the Fair Work Act 2009 (Cth) rejected on the basis that he was an independent contractor and not an employee covered by the legislation. Judges lament being bound by...

Former employee awarded $5.2 million in adverse action case

15 October 2020 | Insurance & Health Law

A landmark decision delivered by the Federal Court of Australia has resulted in an Applicant being granted more than $5.2 million in damages (plus interest) under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) and for a breach...

Injured worker’s award for future economic loss reduced by 50% for contingencies

22 July 2020 | Insurance & Health Law

The Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...

Electronic Signatures and Witnessing from a Social Distance in Queensland

26 May 2020 | Insurance & Health Law

In the context of COVID-19 and with much of the population still working from home, industry today relies more than ever on being able to transact business digitally. The legal profession is no exception. The COVID-19 Emergency Response Act 2020 (Qld) was...