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  • Article

    Insurance Clauses: Part 1 – Another way to manage risk?

    The article explores whether insurance clauses can offer an alternative way to allocate risk between contracting parties.
    AustraliaInsurance
    McCullough Robertson
    McCullough Robertson
  • Article

    PCA allows second Section 81 Notice adding allegation of Contributory Negligence

    The PCA held that the second Section 81 Notice was characterised as a 'clarification' of the first Section 81 Notice.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

Proposed legislative changes to the undoubtedly opaque and ambiguous Section 6

Unless and until the High Court resolves the uncertainties around section 6, legislative reform is the only way forward.
AustraliaInsurance
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia
  • Article

    Ruling Limits Council’s Liability

    A decision handed down by the High Court of Australia on 27 February 2007 will have wide implications nationally for the extent of Local Government's liability.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Can subsequent section 74 notices trump a work capacity decision in NSW?

    The subsequent section 74 notices complicated the matter, but the work capacity decision could continue to operate.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    CODEA client case provides pathway for re-assessment of incorrectly indexed PIAWE for injured workers in NSW

    The decision allows injured workers to claim compensation for lost earnings where insurers failed to index their PIAWE.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Employee found to have significantly contributed to the occurrence of the incident

    The Queensland Supreme Court recently considered the liability of an employer and the contributory negligence of an employee in relation to a mining accident where an experienced mine worker passed two barriers before falling down a hole in the mine floor, known as a ‘stope’.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Employer can re-argue causation despite County Court findings

    The Court of Appeal rejected a worker's argument that her employer was prevented from re-arguing the issue of causation.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Employers' indemnity insurance – recovery claim "shunned"

    The application of the Anshun estoppel is a useful reminder of the risks where there is a partial resolution of claims.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Exclusion is not the aim of the game when it comes to considering the reasonableness of aids or appliances

    A transporter van for a wheelchair qualified as an 'aid or appliance', as prescribed by section 39(1)(e) of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Injured worker's labour hire claim for a rear end collision dismissed

    The case revisits principles of liability for motor vehicle accidents from rear end collisions, in an employment context.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    NAB call centre off the hook over psychological condition claim

    The Tribunal found that non-work stressors were primary causes of the onset or aggravation of his depressive disorder.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    NSW workers compensation scheme failing, review finds

    A review of the NSW workers compensation scheme has found it dysfunctional, confusing, riddled with delays and unfair.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    One Fall, 1.38 Million: An Important Reminder That Employers Must Provide The Right Equipment Regardless Of Employee Experience

    A plaintiff was awarded $1.38 million in damages against his employer after sustaining injuries consequent to a fall from his own ladder while inspecting hail damage to a roof
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Proving causal nexus in psychological injury claims

    The Commission decided the psychological injury did not occur in the course of, or arise out of, employment.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Section 151Z – come one, come all – it is not only available to the person who actually paid the compensation

    The burden of workers compensation payments can also be passed to the third-party tortfeasor liable to pay damages.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Should I get a TPD payout if I am injured and cannot work anymore? – Which case won?

    As a groundskeeper, he suffered a serious back injury at work while shovelling earth into the back of a tipper truck.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Workers Compensation & Self Insurance

    The Rann Government has recently introduced an amending Bill which seeks to amend the WorkCover scheme in response to an independent review of the system carried out by Alan Clayton and supported by actuary, John Walsh.
    AustraliaEmployment and HR
    Donaldson Walsh
    Donaldson Walsh
  • Article

    Workplace injury and attempting to return to work in New South Wales

    There is no protection for injured workers with a partial work capacity but the employer can't provide suitable duties.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Why is financial product design so important?

    Disclosure documents are inadequate to protect persons against products which do not provide value to the customer.
    AustraliaFinance and Banking
    Bright Law
    Bright Law
  • Showing 721–740 of 2025 results

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