Tree roots, ice rinks, ski lifts and other causes of injury... recent NSW civil liability cases

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

Queensland civil proceedings follow a structured disclosure process where parties must deliver lists of directly relevant documents within 28 days of pleadings closing, with copies provided upon request within 14 days. While privileged documents are listed, their contents remain withheld, and parties may require inspection of originals or arrange bulk production when standard delivery proves impractical due to volume or document characteristics.

Rules 223, 224 and 225 of Queensland's Uniform Civil Procedure Rules give courts significant control over disclosure in civil litigation. When does the ordinary disclosure process require judicial intervention? What evidence must parties provide when documents are missing, and what are the consequences of failing to disclose documents that should have been produced?

Judgment creditors in Queensland can recover unpaid debts through garnishee orders that redirect money held by third parties, including bank accounts, customer payments, and employee wages. The enforcement process involves specific warrant procedures under the Uniform Civil Procedure Rules 1999, with distinct requirements for one-off debt redirection, regular payment interception, and earnings deductions.

Queensland's preliminary disclosure rules offer limited pre-litigation relief through two distinct mechanisms: one for identifying or locating prospective defendants, and another for obtaining documents essential to deciding whether to commence proceedings. Recent Supreme Court decisions clarify the stringent evidentiary requirements and narrow scope of these discretionary remedies, establishing that they do not create a general investigative right into another party's affairs.

A recent decision of the Supreme Court of Victoria (Zoo Property Wealth Builder Pty Ltd v Australia Red Hill Real Estate Group Pty Ltd [2026] VSC 509) has reaffirmed principles of kompetenz-kompetenz...

A new sandwich shop has opened in Melbourne under the name Sangaweech, created by three well known Australian comedians who have decided to expand their creative talents into the hospitality world.

These changes introduce additional changes and clarifications to the already sweeping reforms introduced by the Workers Compensation Legislation Amendment Bill 2025.

In Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78, the President dismissed a worker's appeal and confirmed that section 46 of the Workers Compensation Act 1987 (NSW) will operate to reduce concurrent weekly...

In the financial year ended June 2024 SafeWork Australia reported nationwide there were over 30,209 workers compensation claims lodged by construction workers.

Author discusses National Reconciliation week and what it means.

Summary of the case and highlights the need for legislative reform to protect vital freshwater resources in Australia.

Increasing headwinds of global economic uncertainty will influence the ultimate agenda of insolvency law reform.

A number of high-profile industrial incidents in Australia demonstrate the effect of increased expectations and positive obligations on employers.

The general rule is that a business cannot send unsolicited emails to market, sell, and promote their goods and services.

Temporary ban on foreign purchases of established dwellings in Australia for a period of at least two years from 1/4/25.