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Insurance

Karpik v Carnival PLC: The Ruby Princess – Anything but smooth sailing

On 25 October 2023, Justice Stewart of the Federal Court of Australia handed down the decision in Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 - believed to be the first decision (globally) addressing a claim for personal...

Published by Richard Johnson
22 November, 2023
Employment

NSW introduces religious vilification laws

On 12 November 2023, the Anti-Discrimination (Religious Vilification) Act 2023 (NSW) came into effect, to prohibit vilification on the basis of religious belief, affiliation or activity.

Published by Tim McDonald
22 November, 2023
CTP Insurance

E-Bike Rider not injured in “motor accident”: CFD v AAI Limited t/as AAMI [2023] NSWPIC 592

A vehicle is not a motor vehicle unless it was built with the intention of being propelled by a motor which forms part of the vehicle. In assessing whether a vehicle is a motor vehicle the focus is on the intention of the manufacturer, at the time th...

Published by Peter Hunt
21 November, 2023
Employment

FWC considers productivity when rejecting a disputed flexible work request

The Fair Work Commission (FWC) has dismissed an employee’s application for the Commission to deal with a dispute under s 65B of the Fair Work Act 2009 concerning a request for a flexible work arrangement with his employer in Gregory v Maxxia.

Published by Tim McDonald
21 November, 2023
Insurance

Case Summary: GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore

On 1 November 2023, the High Court allowed an appeal from the NSW Court of Appeal (NSWCA). The High Court disagreed with the previous Court of Appeal decision and held that an order to permanently stay proceedings is only to be exercised in exception...

Published by Justin Dyson
17 November, 2023
Insurance

Duties and responsibilities of venue operators, security companies and patrons: Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265

The NSW Supreme Court of Appeal has recently delivered its judgment in the decision of Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA.

Published by Nicole Oglesby
14 November, 2023
Employment

Concerned Senators and employers doing loops around Closing Loopholes Bill

A Senate Inquiry into the Government's Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill) to amend the Fair Work Act 2009 (Cth) (FW Act), and health and safety legislation, is continuing.

Published by Tim McDonald
14 November, 2023
CTP Insurance

MRIs are more accurate diagnostic tools for labral tears than ultrasounds: Fajloun v Allianz Australia Insurance Limited [2023] NSWPICMP 534

On 10 November 2023 the NSW Personal Injury Commission released its decision in Fajloun v Allianz Australia Insurance Limited [2023] NSWPICMP 534.

Published by Helen Huang
13 November, 2023
Private Clients

Undue influence renders Will invalid

This recent case is a timely reminder of the care that needs to be taken when writing a Will for older and/or vulnerable clients.

Published by McCabes News
9 November, 2023
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