On 12 July 2021, the Australian Competition & Consumer Commission (ACCC) instituted proceedings in the Federal Court of Australia against…
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Commercial Occupiers: What is expected of them to keep premises safe?
Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308 Key takeaways An occupier of commercial premises does not have a…
Waivers and extreme sports
Marks v Skydive Holdings Pty Ltd [2021] VSC 21 Key takeaways Where an organisation wishes to rely on a waiver…
Are all activities performed in a gym recreational? The court says no.
Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre [2020] NSWDC 264 Background On 4 February…
In accommodation settings, does ‘slippery when wet’ mean liable?
Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the…
Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111
The NSW Court of Appeal (“NSWCA”) recently overturned a decision of the NSW Civil and Administrative Tribunal (“the Tribunal”) in…
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…
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…
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…
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…
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,…