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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.
Employer Tortfeasor’s Liability – a not so simple example
October 10, 2023
Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 Key Points An appeal and cross-appeal were filed on the basis that the Primary Judge had erred in his interpretation of an employers’ liability exclusion clause and findings in relation to contributory negligence, employers’ contribution pursuant to Section 151Z of the Workers’ Compensation Act, and […]
Xue v Karimbla Properties (No.45) Pty Ltd (No 2) [2023] NSWSC 795
September 20, 2023
Background Xue (the plaintiffs) were the purchasers of an off-the-plan apartment from members of the Meriton Group of companies (the defendants) who alleged they were misled by the defendants, prior to settlement, regarding the availability of vendor finance at the market interest rate, resulting in non-completion of the contract for sale. The plaintiffs subsequently commenced […]
Blue OP Partner Pty Ltd v De Roma [2023] NSWCA 161
September 20, 2023
Background The Primary Decision On 2 February 2017, Ms De Roma (the respondent) was walking “quickly” along a footpath towards a waiting bus at a nearby bus stop when she tripped and fell over a sunken steel checker plate utility pit lid and frame set in a concrete footpath, sustaining injury, loss and damage (the […]
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 […]
Self-insured corporation liable to pay compensation for aggravation of previously accepted injury
May 18, 2023
Higgerson and Prosegur Australia Pty Ltd (Compensation) [2023] AATA 115 Key Points The Tribunal was asked to consider liability for an aggravation of a pre-existing and previously accepted knee injury. The Tribunal was satisfied that the applicant had suffered an injury in the course of his employment and found in favour of the applicant. Background […]
Federal Court upholds no present liability decision for postal workers’ 1993 injury
May 15, 2023
Hickey v Australian Postal Corporation [2023] FCA 57 Key Points The Federal Court was asked to decide whether the Administrative Appeals Tribunal erred in finding that Australia Post had no present liability to pay compensation to Mr Hickey for medical treatment and incapacity for work. The Federal Court dismissed the appeal with costs. Background Mr […]
Psychological condition is not an injury
May 10, 2023
CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]
Claimed conditions were not contributed to the requisite degree by employment
May 10, 2023
Tipping and Comcare (Compensation) [2023] AATA 457 Key Points The Tribunal was asked to decide whether Mr Tipping suffered an “injury” as defined by the SRC Act. The Tribunal found in favour of Comcare. Background The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018. On 16 […]
Quality proficiency assessment was reasonable administrative action
May 10, 2023
Tierney and Comcare (Compensation) [2023] AATA 674 Key Points The Tribunal was asked to decide whether the applicant’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of his employment. The Tribunal found in favour of Comcare. Background On 9 October 1996, the applicant commenced employment […]