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An owner of premises may delegate the performance of its duty of care by engaging a competent contractor such as a managing agent to be responsible for the safety of the premises. Depending on the terms of the agreement between the owner and their managing agent, a managing agent of premises may be found to be an occupier of the premises and owe a duty akin to that owed by the owner. The Court of Appeal has provided another timely reminder that s 5B of the Civil Liability Act 2002 (CLA) is the f

In this matter, the defendant sought an order compelling the plaintiff to provide an authority releasing her Centrelink records to the defendant.

The High Court has narrowly allowed an employer’s appeal from a unanimous NSW Court of Appeal decision on breach of duty giving rise to psychiatric injury.

The case reinforces the principle that a doctor has a duty to warn a patient of material risks involved in a procedure.

An Insurer loses the right to challenge a claim on the basis of delay where it fails to request an explanation for delay within 2 months of receiving the claim.

In determining the nature of the relationship between a party who engages another party to perform work and whether the relationship can be characterised as one of employer/employee or principal/independent contractor . . .

The Court of Appeal was asked to consider whether or not an "extra-hazardous" or "dangerous activity" gives rise to a non-delegable duty of care.

The Court of Appeal confirmed the limits to the application of the rule in Jones v Dunkel, and the utility for defendants in relying on defences under Section 5C of the Civil Liability Act 2002 (CLA).

The High Court confirms that it is not necessary to have evidence of when an offending slippery substance was deposited.

A practitioner has a positive statutory duty to assist the Court of Appeal in providing adequate written submissions prior to the hearing of the matter.

The Court of Appeal considered the application of s 5B(1) and (2) of the Civil Liability Act.

Discussion of recent High Court case of Insight Vacation Pty Limited v Young [2011] HCA 16.

A case note on Wagga Truck Towing Pty Limited v O'Toole

For the purpose of s 109(2) of the Motor Accidents Compensation Act 1999, time on the three year limitation period does not stop running in respect of an Application for Special Assessment under s 96.

Since 2002 in New South Wales, Victoria and Queensland legislation has been enacted to compel the greatest change to public liability in decades (the Reform Acts).

The phrase "domestic services" in s 15B of the Civil Liability Act should be given its ordinary meaning and not given a restricted meaning and therefore includes services that are nursing or palliative care as opposed to services of a purely domestic nature.

A Claimant is entitled to compensation for his or her need for gratuitous domestic assistance if services are either provided in excess of 6 hours per week or for more than 6 months.

The power of the Motor Accidents Authority (MAA) to allocate independent medical assessors in accordance with s 60(2) of the Motor Accidents Compensation Act (MAC Act) is not reviewable.