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Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.
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 […]
Don’t fall for a smoko: compo for fast food worker injured while smoking before shift
January 30, 2019
Mandep Sarkaria v Workers’ Compensation Regulator [2019] ICQ 001. Key Points: The entire premises of a workplace won’t necessarily be considered a worker’s “place of employment.” A “place of employment” can change depending on the work performed at that time. “Ordinary recess” includes the pre-start time a worker is at the place of employment. […]
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 […]
Mandatory counselling? Queensland Supreme Court says “No”
January 7, 2019
James v State of Queensland [2018] QSC 188. Key Points: The plantiff (a paramedic) claimed mandatory follow-up post trauma by the Queensland Ambulance Service (QAS) would have reduced his psychiatric injury and should have been imposed. The plantiff was aware that counselling was available to him under QAS’ autonomous mental wellbeing support programme. The […]
Tribunal flexes its jurisdictional muscle in medical treatment claim
December 10, 2018
Kumatia and Comcare [2018] AATA 1505. Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]
Christmas party season: if it isn’t official, it isn’t compensable
November 28, 2018
Mozsny and Comcare [2018] AATA 1966. Key Points: The question was: whether an injury suffered at an unofficial Christmas party (attended by work colleagues) happened during the course of employment. The injury occurred outside of the normal place of employment at an event that was not officially approved or endorsed by the employer. The Tribunal […]
Deeds vs Agreements for Settlement
November 27, 2018
Which one and why? Key points: Both deeds and agreements are used to record the terms of a settlement and impose legally binding obligations on parties. In this article we explore some of the key differences between deeds and agreements. Key differences: Some of the key differences between deeds and agreements include: An agreement […]
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 […]
Injured on a work trip: is the employer liable? AAT considers another hotel injury claim
November 16, 2018
Dring and Telstra Corporation Limited [2018] AATA 3149. Key Points: While on a work trip, the applicant slipped over at her hotel after a night out drinking. The Tribunal found that the injury was sustained in an interval from her employment as the activities undertaken were not induced or encouraged by Telstra. Background: The […]