December GD News 2015

Liability Claims – Is Change in the Air?
Claims against Insurers where an insured is insolvent are not available to third party beneficiaries
The importance of formal documentation – even amongst friends
Christmas/New Year deadlines for responses to security of payment claims
Security of payment v litigation in construction claims – the tug of war

Employment Roundup
Injunction to restrain termination?

Workers Compensation Roundup
Regulations introduced permitting two claims for whole person impairment
Limits of the Judicial Review of Medical Assessment Certificates

CTP Roundup
Allianz v Rutland – Is this the end of the Section 63 Review “on the Papers” ?
Let’s take a closer look at causation in Nominal Defendant claims

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November GD News 2015

Asbestos Claims – The tail for insurers just got longer
Dangerous recreational activities and negligence claims – Quad bike riding
NSW Court of Appeal finds that Councils are not liable for actions of malicious third parties
Principals v contractors- liability for negligent acts
Successful claim by injured young swimmer overturned on appeal

Workers Compensation Roundup
Reconsideration Claims for Permanent Impairment – Will it open the floodgates?
Surveillance in Work injury Damages Claims – When is it admissible?
Does “constitutional pathology” mean pre-existing condition?
Future Medical Treatment Disputes – Changes in Procedures

CTP Roundup
Judicial Review and the Intricacies of the Lifetime Care and Support Scheme
Judicial Review and the value of the Calderbank letter

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October GD News 2015

Obvious risk – No Liability for Council where no knowledge of that risk
Fall from train – deciding the correct hypothesis when there is no direct evidence
Fire in a brothel – Non disclosure of association with bikie gang leads to rejection of insurance claim
Theft Claims and Fraud
Is diving a dangerous recreational activity and do risk warnings protect those responsible for those activities?

Employment Roundup
Can a Redundancy be an Unfair Dismissal?

Workers Compensation Roundup
Amendments to journey claims prevail again
Workers compensation liability – Contractor v Deemed
Worker

CTP Roundup
Knowledge of Intoxication of Driver – Contributory Negligence?

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September GD News 2015

Consolidation of the Management of Statutory Insurances in NSW
Fair Work v Common Law – Is There an Issue Estoppel
School avoids liability for teacher’s injury – for now
Negligence and contributory negligence – slip and fall claims

Employment Roundup
Failure to make reasonable adjustments amounts to discrimination
Leave loading payable on termination of employment?

Workers Compensation Roundup
NSW Workers Compensation Reform
One claim only for permanent impairment
When is a claim a “claim”? – can an unresolved claim for lump sum compensation be amended without being caught by Section 66(1A)?
Farewell parties – arising out of or in the course of employment, or not?

CTP Roundup
Applications to commence late proceedings in a motor vehicle
Section 62: A Reminder – A different opinion on causation may not be “additional relevant information”
Consecutive Accidents & the Domestic Assistance Threshold

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August GD News 2015

Personal Injury Claims and Road Authority Defences
A Bowling Club, an Assault and No Responsibility for Licensee
Residential Building Subcontractors Targeted in Legislative & Policy Changes
More About Road Authority Defences
Building Licence Applications -Tribunal Upsets Fair Trading’s Apple Cart
Life insurer defeats claim due to fraudulent misrepresentation

Employment Roundup
What is “reasonably practicable” under the WHS legislation in NSW

Workers Compensation Roundup
Reasonableness of a worker’s failure to continue employment in suitable duties
Apportionment in Permanent Impairment claims
Are Working Directors Entitled to Workers Compensation Benefits?
Permanent Impairment Assessments for Psychiatric Injury

CTP Roundup
Section 62 Further assessment and the meaning of “additional information” – Should Singh #2 be revisited?
The importance of adequate reasons and considering relevant evidence

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July GD News 2015

Insurer successful in a fraud claim involving fire
No liability for trip on box
A Deregistered company and claims against its insurer – Section 601AG Corporations Act 2001 (Cth)
Homeowners liability for actions of contractors
Claims for pure mental harm and the relevance of a sibling relationship – High Court

Employment Roundup
In NSW employees can accrue Annual Leave whilst receiving Weekly Compensation Payments
The tangled web of workplace affairs
Outsourcing & Transfer of Business Rules – The consequences for a host that employs a previous labour hire worker

Workers Compensation Roundup
Average Weekly Earnings are not an Average
Additional Claims for Lump Sum Compensation – Sections 66(1A) and 66A(3)
Another nail in the coffin of estoppel by agreement

CTP Roundup
Reckless activities and contributory negligence of children
Judicial Review of CARS Assessment – lack of adequate reasons

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June GD News 2015

The operation of the proportionate liability regime clarified by the High Court
The significance of a claimant’s pre-existing disabilities when assessing loss of earning capacity
Out of time, but not out of luck. Limitation periods in personal injury claims
Unfair Contract Term Laws: Where are we up to?
Do building consultants owe prospective property buyers a duty of care?

Employment Roundup
How do you negotiate a WHS Enforceable Undertaking in NSW?

Workers Compensation Roundup
Permanent impairment assessments and pre-existing conditions
Work Induced Fatigue – Real & Substantial Connection in Journey Claims?

CTP Roundup
The “foolhardy” actions of a pedestrian
No “comingling” of claims for care of the plaintiff and others
To call or not to call – that is the question

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May GD News 2015

What is Accidental Damage for the Purpose of an Insurance Policy?
Ski Accidents and Causation
Cyclists Are A Dangerous Risk For Councils
The Sting in the Tail When You Appeal and Don’t Pay the Judgment – Court Awarded Interest
No “Double Jeopardy” in Personal injury Claims
Building Industry Head Contractor’s Trust Account Scheme

Employment Roundup
Another Nail in the coffin for implied term of mutual trust and confidence
A pragmatic approach to procedural deficiencies in dismissing employ

Workers Compensation Roundup
Work Christmas Function Shenanigans
Aggregation of Multiple Injuries is not permitted to exceed thresholds

CTP Roundup
More credit should be given to credit – a viable argument in personal injury
The complexities involved and mitigation of loss

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April GD News 2015

Is a host liable for the attempted murder of a labour hire employee?
Responsibility equals liability – Liability of principals for injuries to an independent contractor’s employee
Duty of disclosure: did the insurer “clearly inform” the insured about the general nature and effect of the duty?
Credit issues in a trial and challenging credit findings on appeal
Offers of Compromise – Recent Developments

Employment Roundup
Reinstatement of Injured Workers- Not if the Damages Claim is Settled

Workers Compensation Roundup
Workers continue to win damages for “artificially confined periods”…for now
Restrictions on the payment of medical expenses
Retirement extinguishes rights to medical expenses

CTP Roundup
Trees & blameless accidents
Section 81 Notices: If in doubt, don’t deny liability

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March GD News 2015

The principal’s liability for an injury to an independent contractor’s employee
Establishing negligence in slip and fall cases requires proof of the cause of the slip
Unnecessary dental treatment- What are your rights?
Dangerous recreational activities: Can the activity be “dangerous” if the risk that materialised was not “obvious”?

Employment Roundup
Reinstatement of dismissed injured workers

Workers Compensation Roundup
Jurisdictional limits of the workers compensation commission in weekly payment claims
Assessments of work capacity & the meaning of suitable
The further erosion of section 59A provisions
A proactive by an insurer is as good as the worker making a claim themselves!

CTP Roundup
Grossly negligent driver still successful
The nominal defendant – take a closer look at the evidence

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February GD News 2015

No liability for fall from train
School liable for diving accident
“No rhyme no reason” – Court orders a retrial in a personal injury claim
NSW home building law changes

Employment Roundup
Is a complaint or inquiry the exercise of a workplace right?

Workers Compensation Roundup
The ever expanding domain of the approved medical specialist
Inconsistencies in medical assessments – relevant to whole person impairment

CTP Roundup
Blameless accidents – The assessment of contributory negligence – Davis v Swift

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January GD News 2015

Statutory duty under the mental health act – no duty of care
Direct actions against insurers – Claims made policies
A Director’s unwanted advances

Employment Roundup
Implied Terms In Employment Contracts – Another Nail In The Coffin
Work health & safety prosecutions
Confusion concerning leave entitlements and the need for considered communication

Workers Compensation Roundup
Reasonably necessary medical treatment
Foster carers – Are they employees?
Hearing Aids are caught by Section 59A

CTP Roundup
Who is to blame when livestock cause car accidents?

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