December GD News 2014

When does a dangerous recreational activity begin?
When is a work accident a motor accident?
When is a verdict for the defendant in the interests of an injured person?
All accidents are not caused by negligence!
Offers of compromise – The Court provides further guidance

Employment Roundup
Accruing annual leave whilst receiving workers compensation payments
Reinstatement as a remedy for unfair dismissal – when is it appropriate?
Alleged malevolent micromanaging found not to constitute bullying

Workers Compensation Roundup
Reinstatement of Injured Workers on Fixed Term Contracts
WIRO’s work capacity reviews in November – Some common themes
Pitfalls in declining liability – Substantial contributing factor

CTP Roundup
Knowledge of intoxication of driver but no contributory negligence

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November GD News 2014

Employer liability in multi defendant claims
High Court clarifies the duty of care owed by builders to subsequent property owners
Nonfeasance immunity and criminal acts of third parties
Costs in a multi-party personal injury claim?

Employment Roundup
No implied term of mutual trust & confidence in employment contracts in Australia
Implications of mental health issues when disciplining or terminating workers
Slamming sham contracting

Workers Compensation Roundup
“Current Work Capacity” in the new world of weekly compensation
Is prior approval of medical expenses really necessary?
Could kidnapping and death rise out of the course of employment?
Collisions on and not off the beaten track…
Top Up / Deterioration Claims – Caulfield is good law

CTP Roundup
Due enquiry and search – The decisions continue
Collisions on and not off the beaten track…

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October GD News 2014

Exclusion clauses in Insurance Policies and Section 54 of the Insurance Contracts Act
Who bears the onus of proof in an Insurance Claim?
Insurance policies – Recklessness exclusions & conditions to take reasonable precautions
Property owners & and managing Agents – Shifting risk
Liability for dog attacks
Owner/Builder & Home renovators beware – Liability for defective work
Court disallows claim for economic loss resulting from an unplanned pregnancy

Employment Roundup
Sexual harassment – Damages awards likely to increase
Crystal clear message for paying less than minimum wage
Slamming sham contracting

Workers Compensation Roundup
151Z Claims and multiple accidents – A lesson learned
Workers Compensation Amendment (Existing claims) Regulation 2014

CTP Roundup
Assessing non economic loss in motor accident claims –
Age shall not weary them

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September GD News 2014

Schools and the criminal conduct of teachers – A shift in the landscape
Buying an Underwriting Agency or Insurance Brokerage – Protecting Goodwill. Do Not Go Too Far
Is the limitation period for actions involving building claims 6 years, 10 years or longer?
A Judge’s Obligation to Grapple with Conflicting Evidence

Employment Roundup
Authorised dismissal may be unlawful dismissal –Termination due to illness.
Infidelity, taking advantage and secret profits lead to equitable compensation

Workers Compensation Roundup
Jurisdiction of the Approved Medical Specialist
Informal does not mean inadequate in WCC proceedings

CTP Roundup
No CTP Liability for Injuries Resulting From Drive by Shooting
Injury v Incapacity – the test in Due Enquiry and Search

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August GD News 2014

Claims made policies, insolvent defendants and actions against insurers
Supermarkets not responsible for use of product in vicinity of store
Personal responsibility is really an issue
Professional indemnity – what is a “claim” against the insured?

Employment Roundup
Former employee ordered to return documents
Fair Work Commission delivers moderate increase to minimum wage

Workers Compensation Roundup
Workers compensation reform two years on – how are we travelling?
Workers Compensation Commission retains jurisdiction
Farewell parties – arising out of the course of employment, or not?

CTP Roundup
Pedestrian v Driver: watch your step

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July GD News 2014

Personal Responsibility is Alive & Well
Slip & Fall Claim Dismissed’
Mitigation Of Losses – What Is Reasonable?
Admissibility of WorkCover Investigation Records in Personal Injury Proceedings
Principles of Proper Requests for Particulars
Home Building Amendment Act 2014
Total Disablement Benefits & Pre-Existing Conditions
Schoolboy Death – Compensation Awarded But Not Amount Claimed

Employment Roundup
Reasonable Management Action?
Using a Discretionary Bonus To Bully
Temporary Reinstatement

Workers Compensation Roundup
Top up Claims for Lump Sum Compensation
Pain is Not Injury

CTP Roundup
New Guidelines – Motor Accident Authority

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June GD News 2014

Contractor Liable for Injury to Subcontractor Employee
No Duty of Care Owed by Principal to Independent Contractor
Recovery of Money Paid Under A Mistake Of Fact
Roads Authority & Road Contractors- Liability For Motor Accidents
No Appeal without Appeal Grounds
Pregnancy and Constructive Dismissal Not a ‘Good Look’

Workers Compensation Roundup
High Court Clarifies Lump Sum Compensation Entitlements –Or Does It?
Employer’s Knowledge is not enough to satisfy Injury Notification

CTP Roundup
Anticipating Irrational Behaviour of Pedestrians
Personal Responsibility and Contributory Negligence
Driver Beware: Head-On Collisions on Unmarked Roads

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May GD News 2014

Lifting the Fog in Pure Economic Loss Claims
No Cap on Earnings in Compensation to Relatives Claims
Council Liable for Cycling Injuries
Builder, Manufacturer and Installer All Liable For Unsafe Stairs

Employment Roundup
National Survey on Workplace Discrimination during Pregnancy
Claw-Back of Unapproved Termination Payments

Workers Compensation Roundup
Estoppel in Deterioration Claims
The Journey Decisions Continue

CTP Roundup
Look Out! Greater Onus on Drivers than Pedestrians
CARS strikes back –Amendments to CARS Claims Assessment Guidelines and Claims Handling Guidelines
Cow Caught In the Headlights

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April GD News 2014

Injuries at Residential Premises – What Is The Liability?
Property Damage Claim Decision Creates an Issue Estoppel in the Personal Injury Claim
Target Not Liable For Fall
Conduct Before 1 January 2014 Can Be Considered In Stop Bulling Orders

Workers Compensation Roundup
Journey Claims -The Decisions Continue

CTP Roundup
MAS Deliberations Is an Assessor Obliged to Tell a Claimant – What he/she is thinking?
No High beam No Negligence

OHS Roundup
General Deterrence is a Paramount Consideration in Sentencing for OH&S Breaches

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March GD News 2014

Will The Proportionate Liability Laws in Australia Change in 2014?
Principals & Contractors – Relationship Between Insurance & Indemnity Clauses
No Liability in Negligence for Inherent Risks That Cannot Be Avoided With Reasonable Care
Tax Returns and Missing Income: Assessing Economic loss
First Assessment of the Fair Work Commission’s New Anti-Bullying Jurisdiction

Workers Compensation Roundup
Sleep Apnoea – The Latest Trend in a Claim for Compensation
Worker, Contractor or Deemed Worker

CTP Roundup
Judicial Review of a MAS Proper Officer’s Decision Look to Errors of Law but Not a Merits Review
Arithmetic Errors in MAS Certificates

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February GD NEWS 2014

Liability of Operators Of Licenced Premises And Coward Punches
Construction Site Accidents Head Contractor Liability
Slip & Falls – Pointing the Finger at the Shopping Centre Manager & Cleaner
Amendments to the Insurance Contracts Act
The New Anti Bullying Regime – A Primer for Employers
Changes to the NSW Tribunal System

Workers Compensation Roundup
Workers Compensation Journey Claims Travel to and From Work is not enough

CTP Roundup
SICORP Is Not An Insurer And Is Not Liable Under Dual Insurance Principles In CTP Claims
Pushbikes and Motorcycles – CTP Liability

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January GD News 2014

Recreational Activity Claims
Clarity on Fund Management Allowances
Limitation Periods in NSW Impact on Work Injury Damages Recovery
Dismissing an Injured Worker-Procedural Fairness Is Crucial

Workers Compensation Roundup
All Disputes about Proposed Medical Treatment Must Be Referred To an AMS
Six Month Time Limit to Make a Claim for Workers Compensation
The Difficulties in Striking Out a Pre Filing Statement

CTP Roundup
The Gatekeeper – Additional MAS Assessments
Determining Liability in a Motor Accident Claim

Liquidators Disclaiming A Lease- Leave of the Court May Be Necessary

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