Insurance and Negligence: Collins v Insurance Australia Ltd [2022] NSWCA 135
…and 3A of the Motor Accidents Compensation Act 1999 (NSW) (“the MAC Act”)[2] and ss 1.4 and 1.9 of the Motor Accident Injuries Act 2017 (NSW) (“the MAI Act”).[3] The…
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A New Child Safe Scheme for NSW
…and communities are informed and involved. Equity is upheld, and diverse needs are taken into account. People working with children are suitable and supported. Processes to respond to complaints of…
A Legal Sea Change – The new planning rules and legal outlook for coastal areas
…managed as a single homogenous area to four distinct areas: Coastal wetlands and littoral rainforests area Coastal vulnerability area Coastal environmental area and Coastal use area The different areas will…
A New Child Safe Scheme for NSW
…and communities are informed and involved. Equity is upheld, and diverse needs are taken into account. People working with children are suitable and supported. Processes to respond to complaints of…
The introduction of International Wills in Australia and the persistent challenge of international estate planning
…of the Convention were introduced in Australia by the passing of amendments to the Succession Act 2006 (NSW) and equivalent legislation in all other Australian jurisdictions. The amendments allow for:…
Vicarious liability litigation duties
…the claim on the basis of agreed damages of £60,000 and agreed costs of £240,000 with an admission of liability and an apology for “gratuitous violence” to which BA had…
Permanent stay of proceedings seeking damages for alleged sexual assault
…only two potential witnesses to the alleged assault, GLJ and Father Anderson. Deprived of the ability to obtain any instructions from Anderson by his death, the Lismore Trust has no…
Business Matters Newsletter – December 2013
…on the preparation and composition of Leflunomide had expired. Apotex intended to supply Leflunomide products in Australia under the name Apo-Leflunomide for the treatment of active psoriatic arthritis and rheumatoid…
Facing discrimination complaints: exemptions for Faith-Based Schools
…Human Rights Commission Act 1986, Disability Discrimination Act 1992, Racial Discrimination Act 1975, and the Sex Discrimination Act 1984. In addition to the federal legislation, each state and territory in…
Damages, duty to mitigate and the new duty to negotiate
…traps and risks associated with a tenant’s breach and termination of a lease by lock-out – notices, reasonable times, offers of compromise etc… You effected a successful lockout and recovered…
FAQs for your workers compensation claim in New South Wales – 5 important things to know
…compensation is a type of insurance that provides financial and medical benefits to employees who suffer work-related injuries or illnesses. Workers’ compensation is mandatory insurance and acts as a safety…
Fair wear and tear
…Demised Premises and appurtenances in good and tenantable repair and good and efficient working order and condition having regard to their condition as at the date of commencement of the…
When they say “Timing is everything” – they really mean it. Time limits in Workers Compensation Claims explained
…injury damages claim, an injured worker must make a workers compensation claim for lump sum compensation under Section 66 of the Workers Compensation Act 1987 and obtain an assessment of…
Nuclear Testing – Maralinga: An Exposé by Frank Walker* Review by Joshua Dale, Associate, Carroll and O’Dea Lawyers
…nuclear test to bring proceedings and be awarded compensation. In 2013 a complaint was lodged with the Australian Human Rights Commission, on the basis that the Australian Government had failed…