Nikolich v Webb  WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the Civil Liability Act 2002 (WA), there is no duty to warn of an obvious risk. The risk of slipping and falling on a wet bathroom floor where the floor is not uniquely slippery, is an […]
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Listen to the experts: Chatoor v Health Care Complaints Commission of NSW  NSWCA 111
The NSW Court of Appeal (“NSWCA”) recently overturned a decision of the NSW Civil and Administrative Tribunal (“the Tribunal”) in relation to two complaints concerning Dr Roger Chatoor (a cardiologist). Dr Chatoor appealed the Tribunal’s findings of unsatisfactory professional conduct on the primary basis that it had failed to correctly apply the relevant statutory test […]
Swearing of affidavits across Australia – what’s required during the COVID-19 pandemic?
Key takeaways In some States and Federally, witnessing and attesting affidavits can be done remotely. If a sworn affidavit is not possible, an unsworn affidavit may be accepted by the Court. If an unsworn affidavit is relied upon, a sworn or affirmed affidavit must be filed with the Court when circumstances allow. Legislation and Regulations […]
How will Liability Insurance respond to COVID-19?
Key takeaways Insurer and reinsurer responses to COVID-19 are continuing to evolve. Critical to liability claims is likely to be the timing and content of government directives and an insured’s response to them. An Insured will need to defend their actions in preventing the spread of the disease. The number and types of claims to […]
Emerging Insurance Issues from COVID-19
Key takeaways A brief insight into COVID-19 insurance implications Business interruption and liability coverage This article is the first in a series of updates on the insurance issues and implications emerging from the COVID-19 pandemic. The Insurance Council of Australia (ICA) has declared COVID-19 an official insurance catastrophe. What is clear is that the consequences […]
Appeal softens the blow for defendant following fall from ‘aerial sling’
Key takeaways Important case for personal fitness instructors and other fitness operators. Harm reduction measures are important, even where no prior accidents have occurred. A Plaintiff must show a reasonably practicable precaution that could have been taken to avoid the risk of injury. Fitness instructors need to give clear instructions and insist on the use […]
AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy
Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]
A warning to health practitioners: is your professional indemnity insurance in place?
The Victorian Civil & Administrative Tribunal (VCAT) has sent a loud message to all health practitioners to actively check that their professional indemnity insurance (PII) arrangements are in order by suspending a psychologist who failed to do so. The practitioner in question had delegated the task of paying all insurance renewals to a family member, […]
Recent Applications in personal injuries claims impacted by COVID-19
Evidence and Transfer – A summary of recent Decisions of the Supreme Court in Central Queensland Key issues: Plaintiff will undergo medico-legal examination by video conference due to COVID-19 travel restrictions Is the Defendant’s request for medico-legal examination unreasonable or unnecessarily repetitious? Plaintiff’s Application for broad orders to inspect unidentified loaders dismissed Considerations of the […]
Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning
As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response to the COVID-19 pandemic. This means that unless alternatives are found, many trials will be postponed for hearing once the restrictions are lifted, and will have to jostle for court time together with the ordinary […]
Legal requirements for drone operation are set to widen – what do you need to know?
Key takeaways: A Drone is a Remotely Piloted Aircraft (RPA). Licensing requirements are complex and are due to change. You may require a Remote Pilot’s License (RePL) and a Remote Operator’s Certificate (ReOC). Accreditation by the regulator CASA is due later this year. Check the current regulations before you or your client operates a Drone. […]