ArticleThe Double-edged Sword Of Narrow PleadingsThis case demonstrates that if this is not done, a plaintiff may be denied any remedy despite an otherwise 'strong case for compensation'.AustraliaCriminal LawBarry Nilsson
ArticleSee no evil, hear no evil, speak no evil: NCAT dismisses disability discrimination complaint because applicant failed to disclose disabilityEmployers to ensure that not only are there adequate systems in place to report workplace incidents.AustraliaEmployment and HRBarry Nilsson
ArticleInsurance AlertStephen Watkins as litigation guardian for his son, Harrison Watkins, delivered a notice of claim under the Personal Injuries Proceedings Act 2002 on the State of Queensland.AustraliaInsuranceBarry Nilsson
ArticleInsurance Cover May Determine Legal Liability For Insurers: Imbree V McneillyThe judgement as a whole is not as controversial as what it may appear to be to some. Insurers, particularly CTP insurers, have long recognised that their presence will often facilitate a finding in favour of an injured plaintiff, with the result that very few contentious matters go to trial.AustraliaInsuranceBarry Nilsson
ArticleNew South Wales introduces bill to prohibit the ‘exploitative behaviours' of claim farmers in the CTP SchemeClaim farming refers to the practice of third parties, often operating as intermediaries, making unsolicited contact with members of the public to identify potential compensation claims.AustraliaInsuranceBarry Nilsson
ArticleChild awarded damages after unsecured café table causes serious injuryRecent decision has significant implications for occupiers of public venues, particularly those frequented by children.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThe Queensland Flood Crisis - Part 3The city of Ipswich is not usually a location that Federal ministers choose to release key policy changes, but yesterday was different when Bill Shorten released the report by Treasury, Reforming Flood Insurance - Clearing the Waters.AustraliaInsuranceBarry Nilsson
ArticleEmployment law in 2025: key developments and what they mean for employersComprehensive wrap-up of the year's most critical developments & offers practical insights for navigating the evolving employment landscape.AustraliaEmployment and HRBarry Nilsson
ArticleLocal Council Liable To Employee For Psychiatric Injury From Fake EmailThis decision serves as a reminder that employers may be liable for injuries to their employees occasioned by a malevolent act of a third party.AustraliaEmployment and HRBarry Nilsson
ArticlePsychological injuries at the centre of WHS reformsChanges are imminent for WHS legislation in both NSW and Qld to address increased psychological injuries.AustraliaEmployment and HRBarry Nilsson
ArticleThe Cost Of Control: Host-employer Liable For Injured Labour-hire WorkerHost employers should be careful to ensure there is a safe system of work in place, and this system of work is actively enforced.AustraliaEmployment and HRBarry Nilsson
ArticleWorkplace Sexual Harassment: Victoria Calls Time On NDAsVictoria has called time on non-disclosure agreements regarding sexual harassment in the workplace.AustraliaEmployment and HRBarry Nilsson
ArticleGreenwashing and the regulator's focus – ASIC's landmark case against Mercer super fundKey issues in the matter and the implications for the insurance industry from the increased regulatory scrutiny on greenwashing and Environmental, Social and Governance (ESG) type claims.AustraliaEnvironmentBarry Nilsson
ArticleFamily Law Amendment Bill a step in the right direction and hopefully the first step in further reformsThe Family Law Section of the Law Council (FLS), chaired by Barry.Nilsson. Lawyers’ Geoff Sinclair, recently published its response to the Family Law Amendment (Family Violence) Bill 2010 (the Bill).AustraliaFamily and MatrimonialBarry Nilsson
ArticleIt May Be Awkward, But A Binding Financial Agreement Could Save Your Relationship (And Wallet)Having a conversation about financial matters and the ownership of assets at the beginning could prove invaluable.AustraliaFamily and MatrimonialBarry Nilsson
ArticleWant Your Last Wishes Honoured? Don’t Draft Your Will In Your Notes App - Real Money, The Sydney Morning HeraldIt can be easy to forgo the legalities and formalities of planning for life after you’re gone – after all, you won’t be here for it. Yet in the interest of ensuring any inheritance makes its way to your loved ones as you intend it to, your will must be legally soundAustraliaFamily and MatrimonialBarry Nilsson
ArticleClaim farming soon to be prohibited in South AustraliaIt will also be prohibited to provide or receive a benefit in exchange for a 'claim referral'.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
Article"Exxon Shipping Company Et Al Petitioners v Grant Baker et al" Supreme Court Of The United States (25 June 2008)On 23 March 1989, the super-tanker Exxon Valdez was loaded with 53 million gallons of crude oil. AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleNo Voluntary Assumption Of Risk In Fence Jump Resulting In Catastrophic Spinal InjuriesA plaintiff was awarded $15.2 million in damages against a local council after sustaining catastrophic spinal injuries as a result of jumping over a fence at cricket training. AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleBeyond the surface: Lessons on policy definitions and exclusionsTanwar proved the damaged underground pipes were covered, but recovered only repair costs because the insurer couldn't prove an exclusion & no evidence for lost rent.AustraliaInsuranceBarry Nilsson