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In this update we look at two recent CTP decisions covering different issues. “White v Australian Associated Motor Insurers Ltd (Nos 1&2)” [2009] QSC 141 & 142 considered a nervous shock claim brought out of time and “Dawes Underwriting Australia Pty Ltd v Roth” [2009] NSWCA 152 highlights the dangers for insurers of not having stringent procedures in place to deal with an insured’s ‘loose’ disclosure.

A hospital operator’s duty of care includes training all staff in occupational health and safety issues.

Executives have a plethora of rights even if their employment is terminated without agreement.

The operation of a concessions store within a department store can often be an attractive alternative to opening a stand-alone retail store.

Can you require the employee to submit to a medical examination and what happens if the employee refuses?

Some differences across the states may soon start to appear in relation to how the courts determine whether a health professional has been negligent and what injured patients need to prove to obtain such a finding.

Generally, physical health records and the copyright in those records are owned by the medical practitioner or the practice that created the record. However, the judgement by the Federal Court of Australia in Primary Health Care v Commissioner of Taxation [2010] FCA 419 found that in some cases there is no copyright in health records at all.

In Fitzsimmons and Comcare [2008] AATA 919, the Administrative Appeals Tribunal (Tribunal) rejected Mr Fitzsimmons’s application to reinstate his claim on the basis that it was ‘dismissed in error’ under section 42A(10) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.

The Administrative Appeals Tribunal has refused to accept an employee’s evidence that she was unwilling to undertake medical treatment when assessing entitlement to permanent impairment compensation.

The concept of 'operational control' under the National Greenhouse and Energy Reporting Act 2007 (Cth) (NGER) is causing headaches for businesses, particularly when there are third party managers or operators of facilities, and when contractors and subcontractors are present at a facility.

The Ministry of Economic Development has issued a discussion paper on proposed regulations under the Financial Advisers Act 2008 which will prescribe the content and form of disclosure by financial advisers.

The Financial Advisers Bill (Bill), amended at the final hour by a last minute Supplementary Order Paper (SOP), passed through Parliament under urgency yesterday with unanimous cross-party support.

The recent decision of the New South Wales Court of Appeal in Harrison v Melham [2008] NSWCA 67 (Harrison) has made it easier for plaintiffs in personal injury claims to recover damages for gratuitous care.

In Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61 the High Court held that while occupiers owe a duty of care to persons lawfully on its premises, that duty does not extend to taking reasonable care to protect persons from the criminal conduct of third parties.

CGU Insurance Ltd, major engineering, wilson v vision personal training, cases, insurance

The Commerce Committee has recently reported back to the House on the Settlement Systems, Futures, and Emissions Unit Bill (Bill) which will provide an opt-in regulatory regime for the approval and oversight of designated settlement systems in New Zealand.