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
ArticleLearning From The Past: The Duty Of Care Of Educational InstitutionsCase underscores the heightened duty of care owed by schools to their students, including the obligation to investigate and act on allegations of abuse.AustraliaCriminal LawBarry Nilsson
ArticleThe expansion of vicarious liability in VictoriaInstitutions and their insurers should consider whether individuals alleged to have perpetrated child abuse fall within the scope of being in a relationship with an institution that is 'akin to employment'. AustraliaCriminal LawBarry Nilsson
ArticleDefining “Worker” Under The WCRA – Navigating The Overlap Between Partnerships, Directors, And EmployeesThis matter involved a workplace accident in which the plaintiff sustained severe injuries when a tractor fell on him while he was performing repairs to a tractor on a sugar cane farm.AustraliaEmployment and HRBarry Nilsson
ArticleSurgeon Suspended For Six Months After Repeated Misdiagnoses And Poor Treatment Of Patients Resulting In DeathThe NSW Civil and Administrative Tribunal (Tribunal) has suspended a specialist surgeon’s registration for six months following serious deficiencies in her surgical care, colonoscopy procedures, post-operative management and record-keeping.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleTo Hold or To Fold?Allen v State of Queensland [2010] QSC 442 - An important decision in relation to disclosure of documents under PIPA for healthcare claims. AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleWrongful birth: Harriton v Stephens; Waller v James; Waller v HoolahanBy majority the High Court dismissed the plaintiffs' claims in relation to the wrongful life issues.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleInsurance payout non-refundable - notwithstanding breach of policy conditionThe plaintiff must have known that the circumstances gave rise to a breach of policy condition so there was no mistake. AustraliaInsuranceBarry Nilsson
ArticleJudicial Consideration Of Hoteliers´ LiabilityThe New South Wales Court of Appeal has recently delivered judgment in 3 matters involving personal injuries occurring on or around licensed premises. We discuss each of those judgments below – the common threads, the distinguishing features and the impact for insurers of hoteliers moving forward.AustraliaInsuranceBarry Nilsson
ArticleLiability Of Principal Contractor – Whether Principal Contractor Obliged To Provide Induction Training To Independent SubcontractorsOn 12 June 2009 the Australian Bureau of Statistics released a report containing the results of a Forms Of Employment Survey (FOES) carried out in November 2008. AustraliaInsuranceBarry Nilsson
ArticleCompounding Harm: Separating Causes Of Serious Harm In Defamation ProceedingsThe decision reinforces the need to carefully consider the content of written publications in interconnected communities.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleLow Cost Retail Shop Lease Disputes Does Not Mean Low EvidenceTo avoid costly and time-consuming disputes in the Retail Shop Leases Tribunal, the party intending to commence proceedings should ensure that it has evidence to the standard required to prove its claim.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleInsurance implications of financial advisors´ duty of care: professional negligence in investment planningfinancial planner - financial advisor - negligence - duty of care - special relationship and duties - Australian Securities and Investment Commission Act (2001) - Westpoint Group - Bayshore Mezzanine Pty LtdAustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleWho's the boss? Determining the differences between labour hire and direct employmentThis case highlights the importance of clearly identifying the particular relationships at play in labour hire cases.AustraliaEmployment and HRBarry Nilsson
ArticlePublication Of Sexual Misconduct Findings On The AHPRA National Register: What Practitioners Need To KnowFrom April 2026, information about findings of sexual misconduct involving medical practitioners and other health professionals regulated by AHPRA and the National Boards will be made publicly available on the National Register across all states and territories.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleClash Of Coverage: Side B vs Side CThe Full Court of the Federal Court of Australia recently dismissed an appeal in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87 and found that the larger of two retentions applied when considering aggregation of coverage under the insured’s policies.AustraliaInsuranceBarry Nilsson
ArticleGuilty of professional misconduct but no risk to the publicDetermining appropriate protection orders is considered on a case-by-case basis with the Tribunal's paramount consideration being promotion of the health and safety of the public.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThe 2026 Federal Budget: Implications Of Proposed Tax Changes To Testamentary Discretionary TrustsThe 2026 Federal Budget has introduced significant changes to how discretionary trusts, including testamentary discretionary trusts (TDTs), will be taxed. If passed, these changes have far-reaching implications for estate planning strategies that many families use to protect and pass on wealth.AustraliaTaxBarry Nilsson