The NSW Court of Appeal has held that medical experts owe a duty of care to take reasonable steps to avoid causing further injury in the course of examinations carried out at the request of an insurer. In this case, the respondents were held to have breached their duty of care under the Civil Liability Act 2002 (NSW) in circumstances where a reasonable person in the examiner’s position would have taken precautions to avoid a risk of harm: section 5B.

The NSW Court of Appeal has dismissed an appeal from a Presidential Member of the Workers Compensation Commission (‘WCC’), holding that there was no error in law by relying upon a medical opinion expressed in a report which, on one view, did not provide adequate reasons for the opinion.

Discussion of Brirek Industries Case, where County Court of Victoria adopted a more limited reading of s 134 of the Building Act 1993.

The courts will not take kindly to proceedings being brought to court in circumstances where claims have no basis.

In this matter, the New South Wales Court of Appeal re-explored the meanings of ‘motor accident’ and ‘injury,’ in the context of a projectile thrown from a motor vehicle.

Increased skilled migration resulting in unique unfair dismissal facts

The plaintiff sustained head injuries when he fell whilst descending from the top level of a bunk bed at the defendants’ home. The plaintiff was at the defendants’ home for a sleep-over. He was a friend of the defendants’ youngest son.

Moray & Agnew were successful in obtaining a verdict for the defendant in a claim for personal injuries suffered at the Beresfield Golf Course. On 18 March 2011, Judge Rolfe of the District Court of NSW gave an ex tempore judgment in this matter.

Recent decisions have highlighted the importance of care and precision when drafting clauses in commercial agreements.

Some recent Court decisions in relation to the enforcement of restrictive covenants against terminated employees.

Despite procedural deficiencies, a termination of employment is upheld.

The territory or state of connection test introduced a uniform test for jurisdiction in workers compensation claims.

A building contractor applied to add its steelwork subcontractor as a co-defendant to the proceedings by the proprietor of a shopping centre for breach of certain contractual warranties concerning workmanship that resulted in damage to the building. The contractor contended that the subcontractor, which had allegedly caused the damage, was a concurrent wrongdoer under Part IVAA of the Wrongs Act 1958 (‘the Act’) with the result that the contractor could apportion its liability.

the A discussion of the difficulty a defendant of a class action faces when seeking critical information concerning the quantum of a group member's claim.

The questions posed by Campbell JA in Nominal Defendant v Gabriel as to whether a s81 admission can ever be altered by an insurer at CARS and whether a s81 admission made in error can later permit an exemption were the precise questions considered in Erturk.

Blackmagic is a company that provides computer software to the television and film production industry. The company took action against former employees who intended to establish a business for a video capture card.

The current GFC presents both significant challenges and opportunities for businesses.

Employer liable for inducing employee to leave business, and then making him redundant.

Discussion on the Inspector Maynard v Byrne Group Management Pty Ltd Case.

This case considered the question of whether more than one policy can respond to provide cover to an insured when the injury is caused by exposure to a pathogen during a succession of policy periods.