Category: Injury Compensation Law

News

Warming up to the Obvious
POSTED: 17 Mar 2020
Injury Compensation Law
A woman who, whilst warming up with her horse in preparation for participating in a country show sustained a brain injury after falling with her horse who was spooked by nearby unruly children, has unsuccessfully sued the operator of the show, with the Supreme Court of New South Wales finding the recreational activity was dangerous and the risk of the dangerous recreational activity was obvious.
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News

Euthanasia in Australia and Abroad
POSTED: 05 Mar 2020
Injury Compensation Law
Nineteen years after the Netherlands was the first country to legalise euthanasia, on 19 June 2019 Victoria became the first Australian state to allow euthanasia, known as “assisted dying. Victoria will soon be joined by Western Australia, which will have a similar programme in place by mid-2021, after the Western Australian Parliament passed legislation in December 2019.
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News

Court Grants Permanent Stay of Historic Child Sexual Abuse Action
POSTED: 26 Feb 2020
Injury Compensation Law
A defendant to a claim for damages following alleged sexual assaults 43 years ago, and who was unsuccessful in seeking a permanent stay of proceedings, has now been successful on appeal, with the Supreme Court of New South Wales Court of Appeal exercising the discretion expressly preserved by s 6A(6) of the Limitation Act 1969 (NSW) to order a stay and finding that, having regard to the defendant’s medical condition, he will not have a fair trial.
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News

Occupier Found Negligent in Allowing Contractors to Work on Deficient Scaffolding
POSTED: 17 Feb 2020
Injury Compensation Law
A brick cleaner who fell 4.5 m from scaffolding onto a pile of bricks, has successfully sued the occupier of the building site, with the Supreme Court of Victoria finding the occupier negligent in allowing independent contractors to work on scaffolding that was deficient.
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News

Security Guard Threatened by Armed Intruder Loses Negligence Claim
POSTED: 13 Feb 2020
Injury Compensation Law
A security guard who suffered mental harm after being threatened by an intruder, has been unsuccessful in his claim of negligence against both the owner of the premises as well as his employer, with the Supreme Court of New South Wales finding that the security guard’s decision to pursue the intruder was directly contrary to his training, and that he was entirely the author of his own downfall.
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News

Police Officer Suffering PTSD Now Successful in...
POSTED: 05 Feb 2020
Injury Compensation Law
A young police officer, who was medically discharged having suffered from post-traumatic stress disorder (PTSD), has now been successful in her claim of negligence against the State of NSW, with the Supreme Court of New South Wales Court of Appeal overturning a lower court ruling and finding the State negligent in failing to follow recommendations.
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News

Are you Entitled to Free Preliminary Workers Compensation Advice?
POSTED: 04 Feb 2020
Injury Compensation Law
Have you recently been injured in the course of your employment, or have you previously received workers compensation benefits and wonder whether you are entitled to more? If so, you may be entitled to obtain preliminary legal advice, without any cost to you.
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News

The Festive Season and Workers Compensation – Are You Covered?
POSTED: 16 Dec 2019
Injury Compensation Law
With Christmas fast approaching, many of us will be getting ready for a work Christmas party. Fortunately, if something goes wrong at one of these festive occasions and you are injured, its very likely that you will be covered by the NSW Workers Compensation scheme, even though you are not technically “working” at these events.
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News

National Redress Scheme Update
POSTED: 07 Nov 2019
Injury Compensation Law
The National Redress Scheme has been created in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. This Scheme acknowledges the abuse suffered by children in Australian institutions and recognises the suffering they have endured.
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News

High Court denies driver "switcheroo" allegations
POSTED: 01 Oct 2019
Injury Compensation Law
In this recent case, the High Court needed to determine what would have appeared to be a simple issue, who was driving a particular motor vehicle at the time of an accident.
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