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Planning for the Pandemic – Ten changes to the NSW’s Planning and Local Government Laws in response to COVID-19

On 25 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 which makes amendments to a suite of NSW legislation in accordance with tightening restrictions on non-essential gatherings and to ...

Published by McCabes News
1 April, 2020
Insurance

Copious culpabilities: liabilities of dual employers and sole-employee companies

When does vicarious liability not lie with a worker’s employer? How is negligence assessed for sole-employee companies? Can there be dual vicarious liability? The Court of Appeal addresses these issues in a judgment that considers the assessmen...

Published by McCabes News
25 March, 2020
Insurance

Employers win the battle, but not the war

Is an occupier of premises liable to indemnify the employer for workers compensation payments as a tortfeasor who, if sued, by the Worker for negligence, would have been liable to pay damages to the Worker? The Court of Appeal answers this question i...

Published by Michael Poulos
23 March, 2020
Insurance

Indemnity, liability and quantum: the personal injury trifecta examined in the context of labour-hire arrangements

To what extent is a labour-hire employer negligent when its employee is injured on the premises of a ‘host’? Can a liability insurer rely on an employment-related exclusion clause in the policy to deny the occupier indemnity? What is requ...

Published by McCabes News
16 March, 2020
Commercial

Will my Business Insurance cover me for the impact of COVID-19?

It is inevitable that many Australian businesses will be either directly or indirectly impacted by COVID-19. This may be due to infected staff, travel and import restrictions, or a lack of customers due to people self-isolating, but it will have the ...

Published by Foez Dewan
16 March, 2020
Health & Government

Riding into danger: Motocross, track licencing and dangerous recreational activity defences. What is the proper test?

Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing al...

Published by Leighton Hawkes
11 March, 2020
COVID-19

Changes to award annualised wage arrangements

The Fair Work Commission has made changes to some of its modern awards' annualised wage arrangements. The changes come into effect on 1 March 2020. If you are covered by one of the affected awards and have employees under these arrangements, you will...

Published by McCabes News
12 February, 2020
Insurance

Working from home – the scope of ‘in the course of employment’

It is an enticing thought for a day’s work to consist of answering a few work emails between dips in the pool and the next banana daiquiri. But, if you slip on the banana peel whilst walking from your computer to the pool, do you have a valid w...

Published by McCabes News
10 February, 2020
Insurance

Insurer’s faultless claims conduct ends in successful defence of claim

McCabes acted on behalf of Allianz in successfully defending the proceedings brought by the Insured for alleged breach of contract and alleged damages of almost $1.6 million. Allianz had elected to undertake repair of damage caused by the insured eve...

Published by McCabes News
9 January, 2020
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