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ARTICLE · 03 AUGUST 2006

Corporate Risk And Insurance Update - July 2006

The latest news from Gadens relating to the Corporate Risk and Insurance sector.

AustraliaCorporate/Commercial Law

Contents

  • The High Court's Recent Application of Vicarious Liability
  • High Courts application of Section 43 of the Personal Injuries Proceedings Act 2002 (Qld)
  • The recognition of Psychiatric Injury in the workplace in light of the recent High Court case of Koehler v Cerebos (Australia) Ltd (2005) 214 ALR
  • Is Oztag a "dangerous recreational activity" as prescribed by the Civil Liability Act 2002 (NSW)? An analysis of non-contact sport and the new legal landscape

THE HIGH COURT'S RECENT APPLICATION OF VICARIOUS LIABILITY

Sweeney V Boylan Nominees Pty Limited [2006] HCA 19

On 16 May 2006, the High Court handed down the decision in Sweeney v Boylan Nominees which considered an appeal to determine whether a principal refrigeration company was vicariously liable for the negligence of its contracted mechanic. The majority of the High Court, comprised of Gleeson CJ, Gummow, Hayne, Heydon and Crennan JJ, dismissed the appeal on the basis that the NSW Court of Appeal had correctly

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