Liability galvanized – but who carries the load? – Zhang v Popovic [2016] NSWSC 407

Author: Layla Petherbridge Judgement Date: 12th April, 2016 Citation: Zhang v Popovic [2016] NSWSC 407 Jurisdiction: Supreme Court of New South Wales [1] Principles It is not a permissible method of reasoning to determine liability with hindsight by starting with the accident and determining how it could have been prevented. A plaintiff must discharge the […]

Compensating the non-compensable – asbestos related pleural plaques, chest pain and the assesment of damages – Resi Corporation v Munzer [2016] SASCFC 15

Author: Andrew Spearritt Judgement Date: 2nd March, 2016 Citation: Resi Corporation v Munzer [2016] SASCFC 15 Jurisdiction: Supreme Court of South Australia[1] Principles This case accepted the previously controversial position that pleural plaques can cause chest pain sufficient to establish a claim in damages, despite the absence of further pathology supporting a diagnosis of asbestos […]

A deceased worker’s ‘old’ family unsuccessfully challenges his ‘new’ family’s portion of the lump sum death benefit — Lee-Anne Oxley as trustee for Storm Oxley, James Oxley, Kiara Oxley and Mia Oxley v EDCO Contracting Group Pty Ltd & Ors [2015] NSWWCCPD 61

Author: Michael Poulos Judgement Date: 15th October, 2015 Citation: Lee-Anne Oxley as trustee for Storm Oxley, James Oxley, Kiara Oxley and Mia Oxley v EDCO Contracting Group Pty Ltd & Ors [2015] NSWWCCPD 61 Jurisdiction: Workers Compensation Commission of New South Wales [1] In brief Scott James Oxley (the deceased worker) passed away as a […]