Articles matching Insurance Law

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Caring for the aged, disabled and people at risk: A balancing act between workers, clients and commerciality

Filed under: Insurance Law

Modern society needs carers. People in general are living longer and need aged care. People with disabilities are also living longer and need care appropriate...

Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?

Filed under: Insurance Law

In the recent decision of Quinn v State of Queensland (No. 2) [2016] QDC 156, the District Court of Queensland allowed an application for an extension...

Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding

Filed under: Insurance Law

Discussion of the outcome of the decision of Kennedy v Queensland Alumina Limited [2015] QSE 317. In that decision, the Supreme Court of Queensland reduced...

The demise of Byrne? The proposed section 236B of the Workers’ Compensation & Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016

Filed under: Insurance Law

On 29 October 2014, former Chief Justice Carmody of the Queensland Supreme Court handed down the much anticipated decision in Byrne v People Resourcing...

Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed

Filed under: Insurance Law

In McQuitty v Midgley & Anor [2016] QSC 36, the plaintiff suffered multiple injuries, the most significant of which was a severe brain injury, as a result...

Slippery steps a source of strife

Filed under: Risk Management, Insurance Law

Discussion of the NSW Court of Appeal decision of Stenning v Sanig [2015] NSWCA 214, upholding the trial judge’s decision with respect to breach of duty...

Police officer fails despite exposure to significant psychiatric trauma

Filed under: Insurance Law

Discussion of a recent decision of the New South Wales Supreme Court (NSWSC) in a case where the Commissioner of Police (Commissioner) breached the duty...

Council not liable to motorcyclist for unlawful act of third party

Filed under: Risk Management, Insurance Law

Discussion of the recent decision of Rankin v Gosford City Council (2015) NSWCA 249 in which the New South Wales Court of Appeal held that a local council’s...

Exclusion clause fails to prevent recreational facility being found liable for quad bike accident

Filed under: Insurance Law

Discussion of the recent decision of Alameddine v Glenworth Valley Horse Riding Pty Ltd (2015) NSWCA 219 in which the New South Wales Court of Appeal revisited...

Employer not liable for the actions of its employee who accidentally stabbed another worker in the hand

Filed under: Insurance Law

The recent Queensland Supreme Court decision of Boon v Summs of Qld Pty Ltd t/a Big Bill’s Bobcats [2015] QSC 162 is discussed where a workers’ claim for...

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