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Searching Content indexed under Personal Injury by DLA Piper Australia ordered by Published Date Descending.
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1
Consent Judgments: A Judgment is not Always a Judgment
The decision challenges the previously perceived benefit of using consent judgments as a settlement of court proceedings
Australia
14 Apr 2013
2
It Pays to Think About Causation in Negligence Actions
Several 2012 decisions have highlighted consideration of the crucial ingredient in negligence actions – causation.
Australia
14 Apr 2013
3
The ACT Supreme Court Blitz: a selection of cases by Sidis AJ
This is a snapshot of selected judgments by Sidis AJ handed down in the ACT Supreme Court during the 2012 Civil Blitz.
Australia
8 Dec 2012
4
High Court to Consider Multiple Settlements for one injury
Insurers may pay out multiple settlements if the first settlement does not extinguish the right to seek further damages.
Australia
29 Feb 2012
5
Rail Accident Rescuers and Mental Harm Claims
The High Court of Australia recently considered the entitlement of New South Wales police rescue workers to recover damages for mental or nervous shock under the Civil Liability Act 2002 (NSW) (the Civil Liability Act). The two cases of Wicks and Sheehan v State Rail Authority of New South Wales (2010) HCA22 overturned the decision of the New South Wales Court of Appeal and each matter was remitted to the Court of Appeal for further consideration and possible re-trial.
Australia
25 Jun 2010
6
Workers Compensation for Flight Crew Accident On ‘Slip-Time’
The New South Wales Court of Appeal recently considered the entitlement to compensation for a long-haul flight attendant who was knocked off a bicycle whilst on ‘slip-time’ between flights in Los Angeles, USA
Australia
14 May 2010
7
High Court - Asbestos Update
In Amaca Pty Limited v Ellis State of South Australia v Ellis Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 the High Court confirmed that plaintiffs still bear the onus of proving causation.
Australia
29 Mar 2010
8
At The Courthouse
This case attracted national media coverage and was declared by some as the end of the childhood ‘sleepover’.
Australia
16 Sep 2009
9
From The International Desk
There has been great debate about whether Australia should align with other countries which currently have a Bill of Rights. However, this Canadian case shows how a Bill of Rights may impact on other legislation.
Australia
16 Sep 2009
10
CTP Update
In this update we look at two recent CTP decisions covering different issues. “White v Australian Associated Motor Insurers Ltd (Nos 1&2)” [2009] QSC 141 & 142 considered a nervous shock claim brought out of time and “Dawes Underwriting Australia Pty Ltd v Roth” [2009] NSWCA 152 highlights the dangers for insurers of not having stringent procedures in place to deal with an insured’s ‘loose’ disclosure.
Australia
15 Sep 2009
11
Proving Prejudice In Limitation Actions
In Laws v Web Scaffolding Pty Limited [2009] ACTSC 65 & Web Scaffolding Pty Limited v Laws [2009] ACTSC 79, the ACT Supreme Court upheld the appeal of an employer against a former employee who was granted leave to extend the limitation period in an action for damages for personal injuries.
Australia
14 Sep 2009
12
Protecting Persons From The Criminal Conduct Of Third Parties
In Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61 the High Court held that while occupiers owe a duty of care to persons lawfully on its premises, that duty does not extend to taking reasonable care to protect persons from the criminal conduct of third parties.
Australia
14 Sep 2009
13
Scope of Damage By Aircraft Act Considered
The Australian High Court was recently given an opportunity to consider the reach of the Damage by Aircraft Act 1999 (Cth) in the cases of ACQ Pty Limited v Cook and Aircare Moree Pty Limited v Cook (both of which were heard together).
Australia
21 Aug 2009
14
At The Court House
This case considered whether determinations made by an expert under a contract were enforceable.
Australia
10 Jul 2009
15
Asbestos Litigation Update
Some recent decisions involving asbestos litigation considered whether an issue determined in earlier proceedings could be relitigated, the meaning of ‘dependent’ in section 15B of the Civil Liability Act 2002 (NSW), whether an insurer’s liability was greater than the specified statutory amount, and whether indemnity costs were payable by a party which had refused to settle at an earlier time.
Australia
9 Jul 2009
16
Supreme Court Of New Zealand Holds That Reparation Sentences Cannot ‘Top-Up’ ACC Entitlements
In Peter Miles Davies v New Zealand Police [2009] NZSC 47 (25 May 2009), the Supreme Court of New Zealand determined an important area of New Zealand’s civil compensation system.
New Zealand
26 May 2009
17
At The Courthouse
The applicant, Mr Edwards, sustained a reasonably severe injury to his right knee as a result of a motor vehicle accident at Palmerston in December 2002.
Australia
13 May 2009
18
Round-Up - Recent Limitation Decisions
This article reviews some recent Australian limitation decisions which considered issues of prejudice to potential defendants, delay by claimants or their solicitors and admissions of liability by insurers.
Australia
12 May 2009
19
Indemnity Costs Update
Two recent Australian cases deal with circumstances where indemnity costs can be awarded as well as who pays in multi-party litigation.
Australia
12 May 2009
20
Jurisdiction To Multi Task
In Aunela and Telstra Corporation Ltd [2008] AATA 153, the Administrative Appeals Tribunal found that it had jurisdiction to consider an additional injury to that which was considered in the reviewable decision.
Australia
22 Nov 2008
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