DECEMBER GD NEWS 2016

An insurer claiming dual insurance from another insurer can rely on Section 54 of the Insurance Contracts Act
The commercial purpose of an insurance contract as a whole
Worker’s Compensation and Breach of Contract Claims – is there a simple solution?
A Court does not need to consider a fraud defense if the insured fails to discharge his/her onus of proof

NSW Workers Compensation Roundup

Reasonable actions by an employer – is perception relevant?
Restriction on further claims for lump sum compensation

CTP Roundup
Section 109 applications and vulnerable plaintiffs

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NOVEMBER GD NEWS 2016

Vicarious Liability – the High Court has spoken
Limitation periods, strike out actions and the Court’s approach
The Man who would not accept “No” for an answer
Latest news – construction update

Employment Roundup

Casual employee or independent contractor?
Early birth an unexpected emergency for Dad

NSW Workers Compensation Roundup
Reasonable actions by an employer

CTP Roundup
Singh v Cooper – ACT Court of Appeal dismisses challenge to buffer assessment
NSW Court of Appeal reverses the position – Nominal Defendant v Adilzada

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OCTOBER GD NEWS 2016

Breach of Statutory Duty – Is it making a comeback?
When two “other insurance” clauses cancel each other out
No Liability for Independent Contractor – The Trend Continues
Costly Decisions. Mr Raad and the slippery floor continued
Cross Vesting and Court Procedure
Relevant considerations in work health and safety prosecutions

Employment Roundup
Underpaying Employees? Directors beware!

NSW Workers Compensation Roundup
Dependency – more than just “financial support
New Guidelines for Claiming Workers Compensation
Further Claims for Permanent Impairment – When is a Claim a Claim?
Do Consent Orders Protect an Employer for Subsequent Claims for Permanent Impairment?

CTP Roundup
A single vehicle – can the accident be blameless?
Section 62 – IAL v Asaner and the Impact of Jubb v IAL
Smith v NRMA Insurance – Should a Tutor be relieved from a Liability for Costs?

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SEPTEMBER GD NEWS 2016

Unfair Contract Term Legislation Extended To Small Business
No Liability for Injury to Independent Contractors
Immunities and Councils – the tough battle continues for plaintiffs
Mr Raad and the slippery floor – isn’t it obvious!
The Court says where an Owners Corporation has acted in haste it must repent at leisure
Fraud does not pay
A proper determination of the value of construction work

Employment Roundup
Restraints and Competitors

CTP Roundup
Cyclist v car
Nominal Defendant v McGiffen – appeal unsuccessful

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August GD News 2016

Can an insurer withdraw an agreement to indemnify?
Independent contractors, indemnity and other things
You can have a safe system but you still have to supervise
To appeal or not to appeal? That is the question.
Risk of death or serious injury – penalties for companies and directors

Employment Roundup
Improper conduct leads to dismissal of FWC claim
NSW Workers Compensation Roundup
The Deed is done – when does a prior settlement bar future workers compensation claims?
Claims for death benefits arising out of suicide

CTP Roundup
Allianz Australian Insurance Limited v Sleiman – Avoiding the Pitfalls of Section 126
NRMA v Milton – LTCS participation test under scrutiny

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July GD News 2016

Liability Dispute or Work Capacity Decision? – The Court of Appeal has Decided
A new era in challenging adjudicators’ determinations
What constitutes “professional services” in the context of an exclusion clause under a D & O Policy
Please take care for those who don’t
Proving “Factual Causation”

Employment Roundup
Previous service is previous service

NSW Workers Compensation Roundup
Main Contributing factor in employment injuries
Domestic Assistance in Workers Compensation Claims

CTP Roundup
NSW Court of Appeal reverses Scott’s case
The Plaintiff and the “Onus of Proof on Causation”

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June GD News 2016

It’s not over until the Court says it’s over
Section 151Z and other complications
Criteria for leave to appeal where a judgment is less than $100,000
Duty to assist the trial judge arrive at the correct result
Strata Scheme Defects reform
Experts and lawyers – a complex relationship

Employment Roundup
Inadvertent dismissal of employee
Not fit for the inherent duties of your position?

NSW Workers Compensation Roundup
Striking out a PFS
The importance of contemporaneous records

CTP Roundup
Zeait – the Good, the Bad and the Ugly
Blameless Accidents under the MACA and escaping liability
The elusive nature of the further MAS assessment

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May GD News 2016

Insurance Policies & Reasonable Precautions Conditions – the Court’s approach
Common Sense Doesn’t Equal Causation
Limitation of Actions – What You Ought To Know
MVA and Medical Negligence – Double Compensation?
No proof – You Lose – A Failure To Establish Breach Of Duty
Construction Law –“The Truth Is Rarely Pure And Never Simple”

Employment Roundup
New Baby But No Job – Parental Leave And Redundancy

NSW Workers Compensation Roundup
Sabanayagam revisited and overruled – will the Court of Appeal follow?
Section 67 – The Final Death Knell

CTP Roundup
Failure To Give Proper Reasons And Judicial Reviews
Can a claimant be compelled to attend an LTCS assessment?
The Importance Of Getting The Facts Right

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April GD News 2016

A Supermarket’s Liability When Visitors Are Performing Promotional Activities
Negligent Homeowners – Pre-purchase report not a defects
Building Disputes – If you want to go to war, be prepared to pay for it
Payment Claims in the Building Industry. The whole truth, and nothing but the truth
CCTV footage in personal injury claims: accurate or flawed?

Employment Roundup
Does Termination Automatically Follow Disqualification?

NSW Workers Compensation Roundup
Battle of the Statutes – 151Z claim v CTP Insurer – Blameless accidents
NSW WCC – Late Documents and Notices for Production – New Rules
Changes to Guidelines for Permanent Impairment

CTP Roundup
Future Economic Loss – Buffer Or Not?
Difficulties Defending Nominal Defendant Claims
The Difficulty of Establishing Contributory Negligence By A Minor

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March GD News 2016

Indemnity and other issues – can the insurer be sued direct?
Recovering the costs of a hire vehicle after a motor accident- The Supreme Court has spoken
Like musical chairs – who is left with the right to sue under a building contract?
Expert or factual witness – that is the question
Go outside your employment duties at your own risk
When can a Court draw an adverse inference from a parties failure to adduce evidence

Workers Compensation Roundup
No more 74 – Work Capacity is the way to go
Can a suicide result in compensation?
The end of the road for pain and suffering?

CTP Roundup
Intoxication and contributory negligence – lessons from South Australia
Neither negligent nor blameless

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February GD News 2016

Victory for Councils – Section 45 Defence Prevails
Discharging a duty of care can involve doing nothing at all
Vicissitude reductions on damages awarded for future losses based on life expectancy
A small mistake can have big consequences
The danger of attempting to retrospectively imply terms into a contract

Employment Roundup
High Court extends reach of “sham contracting” prohibitions

Workers Compensation Roundup
WIRO – the First Review
Limitations to Reconsideration Applications of Medical Assessment Certificates

CTP Roundup
A single vehicle – can it be a Blameless Accident?
Where plaintiffs are just as – if not more – liable: causation

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