Insights

All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions

QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a reasonable precautions condition if they show they did not recognise that a danger existed or that, recognising the existence of a danger, they took action they considered to be adequate to avoid it and were […]

Keeping an eye out: taking reasonable precautions to prevent a risk of harm materialising

Sidhoum v Minister for Education [2022] WADC 35 Key takeaways A school’s non-delegable duty of care extends to prevent students from engaging in risky behaviour in circumstances where the students should know better. The context of a situation is important when considering reasonable action to be taken in response to a risk. Background Mr Sidhoum […]

Gravel is slippery – isn’t that obvious?

Gladstone v Public Transport Authority of Western Australia [2022] WADC 6 Key takeaways A reasonable person in the position of an occupier is only required to take action that is proportional to the risk. A rolled ankle, with minimal loss of function alone is not sufficient for an award of compensation for non-pecuniary loss once […]

Mind your Ps and safety first!

Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated: Plan, Prepare, Protect and Proceed. Confirmation of the premise that the principal or main contractors are not expected to supervise or have specialist knowledge of all the specialist trades working on a construction site at […]

The importance of health practitioners’ compliance with public health policies and directions

Brief Context In Nursing and Midwifery Board of Australia v Bergin [2022] VR 4, a registered nurse (Practitioner) was found to have engaged in professional misconduct due to her failure to remain in isolation while awaiting the outcome of a COVID-19 test. Background The Practitioner was employed at a residential aged care facility. By virtue […]

Help, my employer is suing me for negligence!

Beri Distributors Pty Ltd v Mossensons Pty Ltd [2022] WADC 30 Key takeaways Professionals are liable to repay fees to their clients in full where the work is of no value at all to the client. Employers are unlikely to be able to recover lost fees from their employees particularly where there is a duty […]

Complex Compounding – How does a pharmacist prove competency?

The focus of this article is to explore how an individual pharmacist can create and maintain the documentation which may assist them in proving to the Pharmacy Board of Australia (Board) that they have met the training requirements for complex compounding. What is compounding? Drug compounding is the combining of individual ingredients in the exact […]

Proposed reforms to strengthen the unfair contract term regime in standard form contracts under the Australian Consumer Law

The Treasury Laws Amendment (enhancing Tax Integrity and Supporting Business Investment) Bill 2022 has been introduced into Federal Parliament and, if passed, is designed to strengthen and expand the operation of the unfair contract term regime within the Australian Consumer Law. The Bill follows a review which found that the current regime was ineffective in […]

New Franchise Disclosure Register

As a result of the Competition & Consumer (Industry Codes-Franchising) Amendment (Franchise Disclosure Register) Regulations 2022, which commenced on 1 April 2022, by 14 November 2022 franchisors will be required to publish a franchise profile and publish on the online Franchise Disclosure Register, important information about its franchise. This is a mandatory requirement and failure […]

Privacy Awareness Week | 2 – 8 May 2022

While 84% of Australians consider privacy to be important when they are choosing a website or digital service, only 20% read privacy policies and are confident they understand them.[1] This highlights the trust Australians place in service providers – trusting that their personal information will be handled with integrity and care. This year’s Privacy Awareness […]

Can My Replacement Vehicle be a Beamer? Damages for Loss of Use for Tortious Damage to Property

Damages for ‘loss of use’ of a chattel has for many years been an unsettled area of the law, pleaded inconsistently by plaintiffs and, at times, miscategorised by the Courts resulting in conflicting judgments. The issue is particularly important in claims for damages involving replacement car hire when a person’s car is damaged by the […]

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