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Where a driver loses control of a vehicle on a slippery road, liability may not be established even where the driver was traveling at an excessive speed. Liability may be avoided if the evidence shows that the defendant would have lost control even if he or she were driving at a reasonable speed for the prevailing circumstances.

The NSW Court of Appeal has found that the third principle in Canada Steamship Lines Ltd v The King (“Canada Steamship”) is inconsistent with binding authority of the High Court of Australia.

Where a trial judge makes an award for past and future economic loss, the award must be supported by reasons, otherwise such an award is defective.

The decision confirms the obligation of a principal contractor to provide a reasonable level of safety for sub-contractors entering onto a building site.

Allianz Australia Insurance v Serria Girgis clarifies the status of Medical Assessment Service (MAS) certificates.

The plaintiff, Stephanie Young, purchased a twenty day European package tour from the defendant. As part of the tour the plaintiff was a passenger on a motorcoach travelling from Prague to Budapest. Whilst the plaintiff stood to take a highlighter from her hand luggage in an overhead compartment the coach driver slammed the breaks to avoid colliding with another vehicle causing the plaintiff to fall and sustain injuries. At the time of the accident the coach was on a motorway in Slovakia.

Limitation periods under the NSW Home Building Act may start when specific work or portions of work have been completed.

Breach of duty of care for failing to take precautions against a risk of harm is to be determined with reference to the matters set out in s 5B Civil Liability Act 2002. Although s 5B is concerned with "failing to take precautions against" a risk of harm, a court must not overlook whether the responsible party simply failed to exercise reasonable care in determining whether there has been a breach of duty.

The High Court has, by majority, allowed an appeal regarding the principles of proportionate liability in a recent case.

The proprietors of licensed premises and licensees do not owe a general common law duty of care to their patrons in relation to the consequences of alcohol served on their premises except in exceptional cases.

The Court of Appeal held that the duty of care owed by an occupier to an experienced independent contractor does not require the occupier to provide the contractor with a safe system of work once the activity has been organised and its operation is in the hands of the independent contractor.

The objective of MAS is to determine whether a claimant's injuries arising from an accident exceed a threshold which would entitle them to damages for non-economic loss. Their determinations have a significant impact to the rights of the claimant and insurer. It is important that such determinations are correct in accordance with the law.

Schimke case and mandatory offer under s 51(1) of the Motor Accident Insurance Act 1994 discussed.

High Court of Australia considers the causal nexus between exposure to asbestos and the development of lung cancer in light of a 26 year smoking history.

A plaintiff acquiesces to the Review process where there is a failure to request a reexamination by the Review Panel to challenge the earlier assessor's clinical findings.

A Curwoods Case Note on Vero Insurance Limited v Owners of Strata Plan No 69352 & Ors

Discussion of a recent NSW case which considered assessor's reports.

This case shows the importance of correctly construing and interpreting the legislation to govern each cause of action.