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Lessons for employers: Covill v WorkCover Queensland [2022] QSC 171

September 20, 2022

Covill v WorkCover Queensland [2022] QSC 171 Background Atlas People Pty Ltd, a chef recruitment and labour hire company, employed chefs to work on short and long-term assignments in different parts of Australia. Ms Covill, a chef by trade, was employed by Atlas to first work on assignment in Batemans Bay in New South Wales. On […]

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 […]

Specialist Opinion Cure for Significant Delay in Extension Application

July 1, 2020

Masters v Daoud [2020] QDC 38.   Key Points: Rinaudo DCJ of the District Court of Queensland was required to consider whether, in an application for an extension of time pursuant to s 31 of the Limitations of Actions Act 1974 (Qld): specialist opinion constituted a “material fact of a decisive character”; and before that […]

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 […]

Not my employee! Consideration of an employers’ liability exclusion clause

March 19, 2020

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 (10 March 2020).   Key Points An appeal and cross-appeal were filed on the basis that the primary judge erred in his interpretation of […]

Calling all witnesses! – The importance of calling key witnesses

January 28, 2020

Kabic v AAI Limited t/as GIO [2019] NSWCA 247.   Key Points: An appeal and cross-appeal were filed on the basis that the primary judge had erred in his findings of fact, contributory negligence and assessment of damages. The Court of Appeal allowed the appeal in respect of the finding of contributory negligence and assessment […]

Queensland Court of Appeal upholds that deceased driver owes duty to police officer

December 18, 2019

AAI Limited v Caffrey [2019] QCA 293.   Key Points: The Queensland Court of Appeal upholds that tortfeasors owe a duty of care to police officers or any other professional rescuers who attend an accident scene. There was no policy reason to depart from the ordinary principles because the rescuer was acting in the course […]

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 […]

To Protect (your income) and Serve

November 21, 2018

Buswell v TAL Life Ltd [2018] NSWSC 1507.   Key Points: Damages are capital and not “income” under an income protection policy. To reduce compensation benefits due to a payment of damages for loss of earning capacity, income protection policies need to be clearly worded to do so. Background: The plaintiff was a Senior Constable […]

Top honours for team HBA: Doyle’s Guide 2018

October 31, 2018

HBA’s Ruth Slater and Dr Andrew Lu OAM have been named two of WA’s best lawyers in the newly released Doyle’s Guide 2018. 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 categories: Leading Workers’ […]