With an entrepreneurial plaintiff, weight may be given to the increased vicissitudes of life given the risks of business.

The Court of Appeal determined an employer's duty to provide and maintain a safe system of work and to provide proper plant and equipment, will operate differently on premises and in circumstances over which it has full control, as opposed to those which are under the control of others.

Employee commenced proceedings against employer alleging his occupational exposure to silica dust.

An appellate court won't overturn the findings of a primary judge without an indefensible inconsistency in the findings.

An inexperienced driver owes the same standard of care as any other person driving a motor vehicle - to take reasonable care to avoid injury to others.

The plaintiff was awarded damages for personal injuries when he was attacked by the defendant's dog. The six hour per week "intensity requirement" contained in s 15(3)(a) of the Civil Liability Act 2002 (the CLA) is a continuing one. A plaintiff can only recover damages for gratuitous care for periods where it can be established that the services were provided (or are to be provided) for at least six hours per week. Where a plaintiff satisfies the six month "duration requirement" contained in s

The Full Court of the Federal Court of Australia has applied Brandon J’s dictum in "the Swan" to a case where a stockbroker arranged a loan from the stockbroker’s clients to another client.

The Court considered the non-delegable duty of care owed by an employer to its employees in the labour-hire industry.

The issue before the Assessor was whether an exemption should be granted, not whether the insurer had proved fraud.

Does the ingress of water constitute damage to an open cut mine?

Discusses recent Australian insurance law cases.

Where a pedestrian's own negligence caused, or contributed to the accident, the accident will not be "blameless".

The case relates to a motor vehicle accident that occurred at approximately 6:25 pm on 4 February 2005 when the insured vehicle, driven by Mr Mark Kelly, collided with an oncoming truck on the Riverina Highway outside a large farm property. The incident occurred between the towns of Howlong and Cowra.

The Court of Appeal demonstrates that it will be prepared to interfere with a lower court's assessment of damages.

The plaintiff sought judicial relief, pursuant to s 69 of the Supreme Court Act 1970, in the form of a writ of certiorari (quashing of the decision).

AAT determines that a licensed corporation is not liable to pay compensation in respect of any injury which occurred arising from events before the licence came into force.

Reasonable care on the road involves keeping a proper lookout at all times, even for those who do not have right of way.

The NSW Court of Appeal has decided that a worker must make a claim for lump sum compensation before or at the same time as a claim for work injury damages and that such a claim cannot be waived or abandoned.

The NSW Court of Appeal decision Air Link Pty Limited v Paterson [2009] NSWCA relates to injury sustained whilst alighting from an aircraft pursuant to Article 17 of the Warsaw Convention.

Even where delay is sought to be explained by solicitor error, the explanation will ordinarily not be full unless the claimant also explains his or her state of mind and the role he or she played in the delay.