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Ballina Shire Council v Moore [2023] NSWCA 155
September 20, 2023
Background On 27 August 2020, Ms Moore (the respondent) was riding her electric bicycle on a shared pathway. As she attempted to overtake two pedestrians after ringing her bell and by manoeuvring to the right side of the pathway after the pedestrians moved to the left, she noticed a metal bollard on the path. Ms […]
Cyber Attack – should you pay the ransom?
May 25, 2023
Cyber Attack – should you pay the ransom? In some instances, it’s unlawful to pay The increase in cyber-attacks has been notable over the past decade. Threat actors have become more sophisticated in their strategies and execution of attacks. We are seeing an increasing trend for an organisation’s data to be encrypted and held to […]
Covid-19, vaccinations & the workplace – an HR issue or a Safety issue?
October 1, 2021
The management of COVID-19 in the workplace is a health and safety issue employers have been grappling with since the start of the pandemic. The recent developments with WorkSafe Victoria charging the Victorian Department of Health with 58 breaches of the Occupational Health and Safety Act (Vic) regarding Victoria’s hotel quarantine system is reflective of […]
It’s official: HBA among WA’s best insurance firms
October 14, 2020
Well-respected Doyle’s Guide has announced the leading defendant insurance lawyers and law firms in Western Australia for 2020, with HBA Legal appearing across four key categories. Lawyers, barristers and firms are awarded based on feedback from industry peers, clients and relevant industry bodies. HBA has been named among the top law firms in the following defendant […]
HBA home to ‘Best Lawyers’
April 17, 2020
Insurance law experts Dr Andrew Lu OAM and Ruth Slater have been included in the 2021 Edition of The Best Lawyers in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Today, Best Lawyers publishes lists in 75 countries. “Best Lawyers was founded […]
COVID-19: responding to legal & commercial risks
April 11, 2020
This article is brought to you in collaboration with Lion Underwriting. To download the full article, click here. Executive Summary Corona Virus or COVID-19, has caused unprecedented interruption to retail and commercial operations, and has had a profound effect on retail operations and the performance of contractual obligations for organisations engaged to clean, secure or maintain […]
Assessing hearing loss – when is a claim no longer compensable?
September 19, 2019
Cook and Telstra Corporation Limited [2019] AATA 1511. Key Points: Mr Cook claimed that he suffered hearing loss as a result of his work at Telstra. The Tribunal was required to consider whether Mr Cook had a further claim for permanent impairment and non-economic loss in relation to the further deterioration in his hearing. […]
How Much Does It Cost To Replace A Navy Patrol Boat? 31.5 Million!
March 6, 2019
DMS Maritime Pty Limited v Royal & Sun Alliance Insurance Plc [2018] QSC 303. Key Point: When an insurer denies liability for a claim, or allows its insured to resolve a potentially insured loss against a third party, it loses control of the process. When this occurs, a Court will allow an insured significant […]
Dead driver owes police officer duty
February 12, 2019
Caffrey v AAI Limited [2019] QSC 7. Key Point: Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene. Background: The plaintiff was a police officer who developed Post Traumatic Stress Disorder (PTSD) after attending the scene of a single vehicle motor vehicle accident. The […]
Crikey – kangaroo chaos! Was the risk of colliding with a ‘roo obvious and should the Council have paid big bucks to erect a ‘roo proof airport fence?
January 22, 2019
Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308. Key Points & Implications: This case is an example of how public authorities can successfully rely upon Section 42 of the Civil Liability Act to avoid liability in circumstances where there are budgetary and resourcing constraints. The argument that a risk is […]