Legal perspectives from our expert lawyers
The Court of Appeal recently handed down a decision which examined the duty to take reasonable precautions to avoid the risk of harm. A labour hire worker commenced proceedings against Coles Supermarkets Australia Pty Ltd after sustaining a back inju...
The recent judgment of the WA Supreme Court (WASC) in the matter of Parkin v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2020] WASC 306 (Parkin) saw a significant increase in the amount previously awarded to mesothelioma sufferers in re...
Proceedings were commenced in the Queensland Supreme Court (QSC) against the State of Queensland in which it was alleged that there was a failure by an Intensive Care Paramedic (ICP) to promptly administer adrenalin to the plaintiff who was a chronic...
It’s been a busy financial year for insurance issues in the Courts across Australia1. With insurers having now survived the end of financial year renewals, we provide a summary of what has been happening around Australia, together with our comm...
The New South Wales Court of Appeal has again been asked to consider whether the dangerous recreational activity defence applies in the context of a professional horse race. A five judge Court has unanimously held that professional horse racing is a ...
As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now implemented strict measures to regulate and control the building and construction industry. Relevantly, som...
The plaintiff brought medical negligence proceedings against Campbelltown Hospital alleging that following gastrointestinal surgery, he was served a meal which was incompatible with his diet, causing him to vomit. The plaintiff alleged that the hospi...
A recent decision of the Federal Court found that the term “Property Insured” in an Industrial Special Risks Policy may extend to all property that is located in the relevant situation rather than being limited to property used in or in c...
On 18 June 2020, the NSW Court of Appeal considered four claims where similar legal questions arose in relation to when a claimant, who has lost the use of a non-income producing vehicle, is entitled to recover the cost of hiring a replacement, and t...