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Insurance

The reasonable response to do nothing: NSWCA posts a win to home owners

The NSW Court of Appeal delivers a win for home owners and their insurers, confirming residential occupiers are not expected to take precautions for every possible hazard at their home. Judgment date: 14 September 2021 Citation: Prouten v Chapman [20...

Published by McCabes News
19 September, 2021
Corporate

Can an employer make COVID-19 vaccinations mandatory in the workplace?

With the increased risk from the highly infectious Delta COVID-19 variant within the community and workplaces, a hot topic for employers is whether they can direct their employees to have the COVID-19 vaccine. And if they refuse, can they terminate o...

Published by Tim McDonald
9 September, 2021
Employment

Getting ahead on sporting risks at school; “When games are properly controlled and supervised, allowing children to participate in them is not, in the absence of special circumstances, negligent”

Introduction The authors successfully acted for the NSW Department of Education in a crucial case where the NSWSC considered whether a school breached the duty of care owed to a student suffering a serious head injury whilst playing a 'hybri...

Published by Leighton Hawkes
7 September, 2021
Litigation and Dispute Resolution

Media release: We are McCabes

National firm McCabes revealed during an all-staff address by Managing Principal Andrew Lacey, effective Monday 6 September 2021, the firm would be rebranding to McCabes and officially announcing a dedicated Government Division to si...

Published by McCabes News
6 September, 2021
Insurance

What’s employment got to do with it? Policy interpretation goes against employers in QLD

The Queensland Supreme Court refused to make a declaration that a professional indemnity policy should cover an insured for claims for compensation arising from alleged misleading and deceptive conduct under the Australian Consumer Law (ACL) while th...

Published by McCabes News
31 August, 2021
Compulsory Third Party Insurance

What is the extent of the duty of decision makers to address arguments made by a party to a medical dispute? The Supreme Court provides the answer in Stanizzo v AAI Limited t/as GIO.

Author: Stephanie Ibrahim Judgment Date: 26 August 2021 Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 (26 August 2021) Jurisdiction: Supreme Court of New South Wales, Adamson J Principles A decision-maker must fairly address the a...

Published by McCabes News
30 August, 2021
property

Sustainability amendments to the Strata Schemes Management Act: A pathway for greener NSW apartments

On 16 February 2021, New South Wales passed the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 ("Sustainability Infrastructure Bill"). The Bill amended the Strata Schemes Management Act 201...

Published by McCabes News
17 August, 2021
Employment

Key employment rate changes for 2021/22

On 1 July 2021, a number of employment related financial thresholds increased for the 2021/22 financial year including the 2.5 percent minimum wage increase as well as the new 10 percent compulsory superannuation rate which came into effect on 1 July...

Published by Tim McDonald
5 August, 2021
COVID-19

Case Law update: Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147

Sexual harassment in the workplace traditionally involves offensive or unwelcome behaviour of a sexual nature from a colleague or manager. However, in a more unusual decision, two companies were recently found liable for $200,000 in damages after fea...

Published by Tim McDonald
5 August, 2021
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