Case Note in the Court of Appeal decision of Council of the City of Greater Taree v Wells relating to whether a chain placed across a pathway was an obvious risk to a cyclist under the Civil Liability Act, 2002.

Probability of harm is not solely determined on how many complaints have been previously made or the witness of prior similar incidents. In establishing failure to take reasonable precautions evidence is required of the probable 'success' of the proposed precaution as against the risk as it presently stands.

The Court of Appeal considered whether an indemnity in a subcontract extends to a liability of the head contractor which arises not merely from the activities of the sub-contractor in the performance of the works, but also as a result of a breach of an independent duty.

The Court of Appeal in Western Australia considered the liability of suppliers of products containing asbestos to a handyman (in the case of Hannell) and a bystander (in the case of Moss).

A primary judge does not need to provide extensive reasons for preferring the evidence of one witness over another.

A deceased worker's widow has made a claim for death benefits.

The High Court was asked to reconsider the question of whether a principal should be liable for the negligent acts of independent contractors engaged by them.

A Curwoods case note on Harmer v Hare [2011] NSWCA 229.

The Federal Court of Australia has enforced a settlement agreement by parties on the eve of arbitration in London.

Euroceanica (UK) Ltd v Ship "Gem Of Safaga" (as surrogate for the ships "JBU Opal" and "JBU Onyx") [2009] FCA 1467 An attempt to overturn a surrogate ship arrest has failed, even though the relevant person was not the charterer of the surrogate vessels, and did not hold all of the shares in the arrested vessel

The Court of Appeal decision of East West Airlines Limited v Turner [2010] NSWCA 53 where the Court of Appeal found that the word "dust" as it appears in the Dust Diseases Tribunal Act 1989 should be given its ordinary meaning and extends to include particulate matter contained in smoke.

A barrister was found liable to a personal injury plaintiff client (who had sustained injury performing community service whilst on parole) because he wrongly advised that the plaintiff's claim was not covered by the Workers Compensation Act.

On 17 April 2000, Adam Pass collapsed at Changi Airport in Singapore. He was taken to a nearby hospital but died shortly after. The autopsy report and death certificate noted that the cause of death was thrombosis of the left anterior descending coronary artery.

A MAS Assessor is not required to assess a claimant's presentation with an eye to each and every criterion set out in the statutory guidelines in order to avoid falling into jurisdictional error

On 23 April 2004, Cameron Thomas (plaintiff), suffered serious head injuries including a fractured skull when he fell whilst descending from the top level of a bunk bed at the home of Mr and Mrs Shaw (defendants). The plaintiff did not sleep on the top bunk bed but had climbed up on it to talk to his friend, who was the defendants' son. The relevant bunk bed was determined to have a height from the top of the mattress to the floor of no more than 1.4 metres

A finding as to whether a plaintiff has a residual earning capacity will be dictated by the medical and lay evidence. For a finding to be sustainable, the medical and lay evidence relied upon must be considered and applied as a whole, not selectively.

Case Notes from the Court of Appeal decision of Pittorino v Yates relating to the service of an Offer of Compromise less than 2 months before hearing and whether enforceable where plaintiff is refused an extension of time if the request is deemed reasonable.

It is not required for a plaintiff to take "appropriate advice" if in this instance it would not be reasonable to do so.

The High Court of Australia has overturned an established principle in relation to proof of debts in bankruptcy, specifically the situation where judgment is entered before the date of bankruptcy, but the consequent costs order is not made until after bankruptcy.

A CTP insurer can partially admit liability after a deemed denial pursuant to the Motor Accidents Compensation Act 1999.