Court of Appeal considers operation of Road Management Act

On 20 August 2015, the Court of Appeal handed down the judgment in the matter of Kennedy v Shire of Campaspe [2015] VSCA 215. This was the first occasion on which the court has had the opportunity to consider the operation of the ...

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Employers Take Note: Safety Audits and Your Duty of Care

Govic v Boral Australian Gypsum Ltd [2015] VSCA 130, demonstrates yet again the extremely high standards an employer must adopt if it is to avoid liability. The appellant worker was an experienced and capable tradesman who supp...

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Major changes to SA workers compensation

1 July 2015 heralded major changes to the Workers Compensation scheme in South Australia; many of these changes revolve around the concept of "serious injury". The Return to Work Act 2014 replaces the Workers Rehabilitation and C...

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Dodgy Repair, Drastic Injury: Residential Occupier Not Liable

Court of Appeal upholds use of local handyman for minor repairs. A judgment obtained by Hunt & Hunt, acting for the insurer of a residential occupier where a subsequent tenant sustained significant injury from prior defective...

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Accident v Aftermath – High Court Decision on Damages Sought for Mental Harm

On 10 June 2015, the High Court handed down a significant decision in the context of personal injury claims within South Australia.  The decision concerns the interpretation and application of Sections 33 and 53 of the Civil Liab...

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Claims Against Insurers

This article relates to claims against insurers under s601AG of the Corporations Act 2001 (Cth) and application of the proportionate liability regime. In the recent Supreme Court of New South Wales decision of Smart v AAI Ltd; ...

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