Fisher v Shire of Denmark [2024] WADC 1 Key takeaways Visitors to public recreational areas are expected to exercise appropriate and reasonable care for their own safety A defendant, as an occupier, is able to rely on s 5O of the Civil Liability Act 2002 (WA) (CLA) as a defence to any ‘obvious risks’ Failure […]
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Case Note | Barking up the wrong tree – County Court of Victoria finds dog attack not sufficiently connected with Insured’s business
Victorian WorkCover Authority v A.T.S. Towing Service Pty Ltd (ACN 054 744 204) & Ors [2023] VCC 2010 Background Aaron Butler (the plaintiff) sued Linkback (VIC) Pty Ltd (the Insured), ATS Towing Service (ATS) and Mr Steven Mavro, for injuries sustained in a dog attack on 4 April 2016. The attack occurred on a property […]
Case Note | First in, not necessarily best dressed? Victorian Court of Appeal allows multiple Medical Panel determinations, setting aside the Rosata decision
Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281 (21 November 2023) Background Luigi Rosata and Samih Kabbout issued separate court proceedings for injuries sustained in unrelated slip and fall incidents. In Victoria, a claimant who suffers injuries, which are not caused by a workplace or transport accident, may […]
Case Note | When to Play the Blame Game: Allegations of Contributory Negligence in the ACT – Wilson v Australian Capital Territory [2023] ACTSC 287
Wilson v Australian Capital Territory [2023] ACTSC 287 The Supreme Court of the Australian Capital Territory has dismissed an application by the plaintiff to strike out aspects of the Territory’s defence, pleading contributory negligence in circumstances where a breach of duty of care had previously been admitted with no reference to contributory negligence during pre-litigation. […]
Case Note | Persuasive evidence of prejudice – a must when resisting an extension of time application to issue proceedings
Bull v Ararat Abattoirs Pty Ltd & Ors [2023] VCC 1903 The Victorian County Court recently dismissed an application made by an injured worker to issue proceedings out of time. In the eyes of the Court, the combination of an 18 year delay following the accrual of the cause of action, and ‘clear prejudice’ to […]
Case Note | An error in method alone is not a ‘shaw thing’ on review
Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the Supreme Court, has identified what is necessary for the President of the Commission (or their delegate) to be satisfied when considering whether a material error has occurred, permitting a review of a medical assessment under […]
Case Note | Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions
Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a Review Panel’s decision, to what extent must the Claimant be aware of, and propositioned about, the issue at hand? In Amos v AAI Limited t/as GIO the Supreme Court clarified this duty in circumstances where […]
Case Note | “Obvious risk” a key consideration in personal injury cases
Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161, it was held that tripping on a raised edge formed by a pit lid and frame set in a footpath was an “obvious risk” under the Civil Liability Act […]
Cyber Security Awareness Month – Are you cyber aware?
October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]
“Property Damage” – Sounds Simple, Right?
At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]
Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action
SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 Key takeaways Professional liability exclusions are not confined to claims brought by the rec mipient of the professional service or advice. A court may construe the professional liability exclusion more stringently where the insured can seek refuge under another policy. There are no special rules […]