Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7 Background On 19 May 2014, the plaintiff, a tenant of residential premises, slipped at night on back stairs that were worn, slippery, unlit and had no handrail. The tenant successfully brought proceedings for negligence in the County Court against the owner of the premises and […]
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Claims Against International Airlines
When has an ‘Accident’ occurred? Does a failure to provide water during a flight constitute an ‘accident’? Key takeaways An ‘accident’ is an unusual event or happening, that is external to the passenger. An ‘accident’ is not where the injury results from:- the passenger’s own internal reaction to the usual, normal and expected operation of […]
Powerful new Sports Tribunal leads the way in bolstering integrity in Australian sport. Why is this important?
Key takeaways: New legislation governing arbitration/ADR of Australian sports disputes National Sports Tribunal introduced for resolution of sports disputes Two-year pilot Conditional opt out scheme Laws apply to acts committed or omitted within as well as outside of Australia Locally handled sporting Appeals have the potential to lower costs Significant civil penalties for breach Sports […]
What’s the damage? Recent trends in General Damages awards for psychiatric injuries in Victoria.
Key takeaways: General damages awards for psychiatric injuries can be significant A ‘recognisable psychiatric illness’ must be present Treatment not sought is not necessarily an impediment to a psychiatric claim Have there been any discernible trends in the awarding of damages for psychiatric injuries in recent years in Victoria? Four cases decided between 2013 and […]