December GD News 2013

Construction Industry Reforms in NSW
Insuring Clauses in Liability Policies
Slip and Fall Claims – Council Not Liable
Local Councils- Nuisance Claims and the Civil Liability Act
State Liable for fall from train
Court Reluctant to Order Reinstatement

Workers Compensation Roundup
A Romp in the Motel Whilst On Business – Workers Compensation Benefits
Workers Compensation Journey Claim – The Decisions Continue

CTP Roundup
Gratuitous Care and the Lifetime Care and Support Scheme
Offers of Compromise during Administrative Review Proceedings

Liquidator’s Sale by Expression of Interest: Chan v Four C Realty Pty Ltd (In Liq)

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November GD News 2013

Duty of Care Owed To Owners Corporations
Construction Site Accidents – The Duty of Care Owed to Experienced Tradesmen
Obvious Risks & Dangerous Recreational Activities
Cycling Not a Dangerous Recreational Activity
Employer Liability in Multi Party Claims
Are You Ready For Workplace Bullying Reform?
Hurdles for Work Health and Safety Prosecutions in NSW

CTP Roundup
The Ramifications of Smalley v The MAA
Traps for Young Players – Procedural Requirements of the Motor Accidents Compensation Act
Conclusiveness of MAS Certificates in CARS Assessments

Workers Compensation Roundup
Workers Compensation Journey Claims – Simply Travelling To and From Work Is Not Enough
Honorary Club Positions – Do They Satisfy The Criteria For Employment?

Complying Agreements Revisited

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October GD News 2013

Defining the Nature of the Risk and the Activity Takes Precedence over Causation
School Liable For Harm Caused By Bullying
Workplace Bullying – The Damages Mount
Can an Insurer Take an Assignment of Rights from an Insured?
Liability of a Dog Owner for Personal Injury
Wet Floors- Warning Signs Not Enough
Damages Awards Back To Basics
Reinstatement Available to Dismissed Injured Workers

CTP Roundup
Due Search and Inquiry – 151Z Recoveries
When Does The Conduct Of A Party Amount To An Admission Of Liability?
Cross Examination’ in CARS Assessments – Achieving Procedural Fairness
Sharing Disputes between CTP Insurers – Litigation and Sharing Do Not Mix

Workers Compensation Roundup
Work Capacity Decisions -WIRO in Action

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September GD News 2013

Employment Implied Terms of Mutual Trust & Confidence
Interpreting Insurance Policies – A Surprising Result
Vicarious Liability – Two Defendants Cannot Be Liable For the Actions of a Third Person
Vicarious Liability – How Far Does It Extend
Slip and fall – You Must Establish What You Slipped On
What Amounts to Fraudulent Non Disclosure?
Discrimination – Not Allowing an Injured Employee to Return to Work
More Changes to the Privacy Act

Workers Compensation Roundup
Is Total Incapacity equivalent To No Current Work Capacity
Reasonable Actions by an Employer in a Psychological Injury Claim

CTP Roundup
MAS Further Assessments- The Role of the Proper Officer

Landmark PPSA Decision

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August GD News 2013

Pursuing Claims Direct Against Insurers
Insurance for Fines for Offences under Work Health & Safety Legislation
Section 54 of the Insurance Contracts Act – A Conundrum
Slip & Falls – What is the Duty of Care Owed?
A Principal’s Duty to Employees of an Independent Contractors
Compensation to Relatives Claims Capped by Economic Loss Limitations
Drafting Offers of Compromise – The Court Of Appeal’s Final Word

Workers Compensation Roundup
Limitation Period Runs From Date of Accident for Work Injury Damages Claim
The Effect of the 2012 Amendments on Weekly Compensation Claims

CTP Roundup
Drive By Shooting – Is it A Motor Accident?
Due Enquiry & Search and Full & Satisfactory Explanations
Trail bike on a dirt road … Bumpy ride ahead

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July GD News 2013

Medical Negligence
Court of Appeal Affirms Bullying Breach by School
No Negligence for Failing to Vaccinate a Pregnant Mother
Children Suing Parents & Grandparents for Injuries – What Next?
Insurers Be Wary-Businesses That Use Labour Hire
A Defendant Is Entitled To Arrange an MRI Scan
Claims for Gratuitous Assistance
Work Visa Risk for Employers

Workers Compensation Roundup
Compensation for Injuries Overseas
Journey Claims- Serious and Wilful Misconduct
Six Month Time Limit to Make a Claim for Workers Compensation

CTP Roundup
Blameless Accidents
Liability for Medical Expenses before LTCS
Challenging Findings of Contributory Negligence

Decisions on Employee Entitlement Provisions

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June GD News 2013

Unfair Terms in Insurance Contracts
NSW CTP Reforms
Risk Warnings in Recreational Activity Claims
Insurance Policies – Naming the Correct Insured
An Accident Is Not a Motor Accident Just Because a Motor Vehicle Is Involved
Hiring Employees That Worked For Competitors
New Work Place Anti-Bullying Laws

Workers Compensation Roundup
Retrospectivity Of The NSW Reforms
Administrative Law Challenges Over Medical Appeal Panel Findings

CTP Roundup
Challenging Decisions of CARS Assessors
Judicial Review of MAS Review Panel Certificates
Pedestrians And Contributory Negligence

Director Penalty Notice Update – ATO New Powers

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May GD News 2013

NSW Workers Compensation
Proportionate Liability
Treating Obesity-The Duty of Care Owed By A G.P
Compensation For Reasonable Needs–Nursing Home v 24 Hour Care
Employers Duty of Care Owed to Rescuers
Personal Responsibility Is It Really an Issue
Which Laws Apply? Employees Injured In an Interstate Accident
Fair Work Act General Protections
Employment Agreements – Passing the BOOT Test

Workers Compensation Roundup
Mental Stress Claims
Weekly Compensation Decisions in the WCC

CTP Roundup
Contributory Negligence: What Happened To Personal Responsibility
Procedural Fairness at MAS- Opportunity to Respond

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April GD News 2013

Proportionate Liability & Indemnity Clauses
The National Disability Insurance Scheme
Economic Loss & Compensation to Relatives Claims
Risks of Dangerous Recreational Activity not so obvious
Host Employer and Employer Escape Liability for Injury to Labour Hire Employee

Workers Compensation Roundup
Complying Agreements and Subsequent Lump Sum Claims
The status of Weekly Compensation Claims in the WCC

CTP Roundup
MAS Assessment Overturned
Overturning a refusal to exempt a claim from assessment by CARS
Dangerous Bus Stop – Liability of Operator for injuries to school children not a CTP Claim

PPSA and Retention of Title Clauses

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March GD News 2013

Insurance Brokers Beware
Liability for Criminal Conduct
D&O Insurance – Advance Of Defence Costs
Costs Where There Are Civil Liability Act and Work Injury Damages Claims
Costs Are Limited in Professional Negligence Claims
Employer Vicarious Liability for Sexual Relationships
New Regulations for Litigation Funding

Work Health & Safety Roundup

Workers Compensation Roundup
Psychological Injury Claim Defences
Consent Orders and Subsequent Claims

CTP Roundup
New CTP Regime In NSW
Theiring Revisited
Additional Relevant Information And Section 62

Unfair Dismissal Claims against Companies in Administration

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February GD News 2013

Liability of Councils in Negligence – Refusal of Development Applications
Medical Practice Liable For Failing To Keep Up to Date Contact Address
Financial Planners & the Personal Circumstances of Their Clients
Those swimmers are mine!
Work Health & Safety Roundup

Workers Compensation Roundup
Working From Home – The Compensation Perspective
Recent Commentary On Section 74 Notices
The New NSW Workers Compensation Regime

CTP Roundup
MACA And Extensions To Time – What Is A Satisfactory Delay?
Tips for MAS Disputants

Extinguishment of Security Interests under PPSA

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January GD News 2013

Changes to the Insurance Contracts Act
New Privacy Laws
Consent Judgments Do Not Limit Damages Entitlement
Restriction on Plaintiffs Costs – High Court
Nominal Damages Must Be Nominal
Sex in the Course of Employment
Liability of Administrators for borrowings

Work Health & Safety Roundup

Workers Compensation Roundup
Aggregation of Permanent Impairment for Multiple Injuries
Deemed Employment

CTP Roundup
Appropriate forum for CTP claims – Supreme Court v District Court
A Track On A Private Farm: Road Related Areas And The LTCS

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