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  • Article

    Case summary: Allianz Australia Insurance Limited v Estate of the Late Summer Abawi [2025] NSWCA 85 – When is a skin injury a ‘threshold injury'? NSW Court of Appeal provides clarity

    This case offers important guidance to claimants, insurers, legal practitioners, and medical assessors in interpreting section 1.6 of the MAIA.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case Summary: Fazldeen v State of New South Wales [2025] NSWDC – The critical importance of substantiating claims with robust evidence

    Recent case underscores the necessity for Plaintiffs to provide compelling & credible evidence when alleging misconduct.
    AustraliaLitigation, Mediation & Arbitration
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Case summary: Insurance Australia Limited (trading as NRMA) v James Hulse [2024] NSWSC 142 – The implications of being charged with a serious driving offence on motor accident statutory benefits

    An injured person is deprived of motor accident statutory benefits if charged with a serious driving offence.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Elisha v Vision Australia Ltd: a High Court landmark decision on psychiatric injuries and employment contracts

    Reshaping of legal landscape for employers, especially concerning psychiatric injuries arising from breaches of employment contracts.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Five FAQs for your motor vehicle accident claim in New South Wales

    Five of the common frequently asked questions (FAQs) about bringing a motor vehicle accident claim in NSW.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Irani V Insurance Australia Limited T/as NRMA Insurance [2025] NSWPICMP 832 – Pet Care And Statutory Benefits, Review Panel Confirms Dog-related Expenses Are Not "Treatment And Care"

    Decision confirms that costs associated with pet care, such as dog walking and washing, do not fall within the statutory definition of "treatment and care".
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    NSW Dust Diseases Tribunal (DDT) – Article #4

    The DDT is a NSW court to hear claims for compensation from people suffering from dust diseases or by their dependents.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Statutory demands & obligations of legal practitioners

    It is crucial to advise your client to respond promptly to a statutory demand, to avoid the presumption of insolvency.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The difficulties facing plaintiffs in slip and fall claims: A case summary of Macari v Snack Brands Foods Pty Ltd (NSWSC)

    Case summary – highlights responsibility of plaintiffs to prove the factual basis in slip and fall claims.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Tips and facts before meeting a personal injury lawyer

    Personal injury claims vary according to facts and circumstances, so this is a general guide to the progress of a matter.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Community & Associations Newsletter – January 2025

    Welcome to 2025: we hope the year has started happily for all.
    AustraliaMedia, Telecoms, IT, Entertainment
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    COVID-19: Where to for landlords and tenants?

    Article discusses the new rules for landlords and tenants, relevant considerations and what to do next.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Invalid demolition notice for a commercial lease in NSW

    The Tribunal found that the landlord used the demolition clause to terminate the lease to grant a lease to a new tenant.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Risks to the community vs. confidential medical care: A challenge not yet solved

    The balancing exercise between confidentiality and the patient's potential risk to the community has become no easier.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    #YourRights on Instagram

    You don't have to be a great photographer to care about what happens when you upload your photo.
    AustraliaIntellectual Property
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Education Law Notes

    Topics include schools and social media accounts, vaping, psychiatric injuries at work, and school building funds.
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    New gift card laws in NSW

    The NSW Government is introducing a mandatory minimum expiry period of three years for gift cards and gift vouchers.
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The online education environment during COVID recovery: Child protection, duty of care and privacy

    During COVID-19 lockdowns, many teaching and learning activities continued online rather than in the classroom.
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Five tips for school leaders dealing with contractual disputes in the COVID-19 era

    Tips for schools who are navigating contractual disputes in the age of COVID-19 eg. Review your contracts.
    AustraliaCoronavirus (COVID-19)
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Mercedes Benz defeats dealers but does the law on Franchising need to change?

    This judgment is important for franchisors and franchisees to understand their contractual bargain/relationship.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
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