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Insurance

Unreasonable precautions: When the burden of taking a precaution becomes too heavy

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...

Published by Michael Cooper
7 September, 2020
Insurance

Western Australia Supreme Court – Increase in Mesothelioma Damages Award

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...

Published by McCabes News
30 August, 2020
Health & Government

The High Court determines a paramedic’s standard of care

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...

Published by McCabes News
17 August, 2020
Insurance

Insurance across Australia: A year in review

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...

Published by McCabes News
2 August, 2020
Insurance

Professional sports and the dangerous recreational activities defence: what conduct amounts to an obvious risk?

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 ...

Published by Richard Johnson
26 July, 2020
Construction

Design and Building Practitioners Act 2020 – implications for insurers

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...

Published by McCabes News
13 July, 2020
Health & Government

No soup for you – Hawkins v South Western Sydney LHD

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...

Published by McCabes News
29 June, 2020
Construction

What’s the Situation? The Property is Insured!

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...

Published by McCabes News
29 June, 2020
Insurance

The Credit Hire debate rises to the rarefied atmosphere of the Court of Appeal where the intangible feelings of driving a prestige vehicle are real and compensable

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...

Published by Kate Blue
28 June, 2020
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