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Searching Content indexed under Personal Injury by Norton Rose Fulbright Australia ordered by Published Date Descending.
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1
When is it reasonable to reject a costs-protective offer? Trouble on the travelator
The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
Australia
31 Oct 2017
2
Work or play – are professional sports recreational activities?
It still remains to be decided which jurisdictions will distinguish recreational activity by sporting work or play.
Australia
1 May 2017
3
Insurance: Canny v Primepower Engineering Pty Ltd and Allianz Australia Insurance Ltd [2015] WADC 81 (3 July 2015)
The employer's indemnity insurer successfully relied on a reasonable precautions provision to deny the employer's claim.
Australia
7 Apr 2016
4
Consent to medical treatment?: What is an 'intentional act' in the assessment of damages?
The Court considered the circumstances when exemplary damages would be awarded in professional negligence proceedings.
Australia
16 Jan 2013
5
Public Liability: Considering the Probabilities
In the recent decision of Strong v Woolworths Ltd, the High Court revisited the issue of causation in slip and fall cases.
Australia
22 Jun 2012
6
Public Liability: KFC loses personal injury case over salmonella
Update on Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381.
Australia
16 Jun 2012
7
Public Liability: ‘Consequential Incongruities’- PIPA developments
Considering Section 30(2) of the Personal Injuries Proceedings Act 2002 (Qld).
Australia
16 Jun 2012
8
High Court clears the way for cases of mesothelioma from asbestos exposure
Plaintiffs with mesothelioma from asbestos exposure could succeed in recovering damages from multiple defendants.
Australia
4 Apr 2012
9
Issues of causation in asbestos case
In addition to the substantial award of damages, this decision on appeal also considers issues of uncertain causation.
Australia
18 Jan 2012
10
Duty of care to deal with bullying at school
The issue was whether steps taken by the College were adequate to ensure that its duty of care was satisfied.
Australia
12 Dec 2011
11
Valuing gratuitous care services in asbestos-related disease cases
NSW Court delivered an important judgment on the valuation of gratuitous domestic assistance for asbestosis sufferers.
Australia
12 Dec 2011
12
Stalking changes up the ante on bullying
The Crimes Amendment (Bullying) Bill 2011 has now received Royal Assent and has passed into legislation.
Australia
28 Jun 2011
13
NSW Court of Appeal Finds Local Council Breached its Duty of Care To Intoxicated Dog Walker
Mr Jackson sued Lithgow City Council (Council) alleging that it was the local council having the care and management of the park and, as a result of the Council’s negligence, he had fallen over a low unfenced retaining wall and had fallen down approximately 1.5 metres onto the concrete drain where he was found.
Australia
30 Sep 2010
14
The High Court Has Spoken: Cause Before Contribution
On 3 March 2010, the High Court delivered an important decision (Amaca Pty Ltd v Ellis; South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis (2010) 263 ALR 576) holding that the asbestos exposure of a smoker who died of lung cancer was not, on its own, a cause of injury even when the medical and scientific evidence available was unable to definitively attribute the cancer to any particular cause.
Australia
20 Aug 2010
15
Assessment Of Damages: Multiple Potential Causes And Supervening Events
In Karam v Palmone Shoes Pty Ltd [2010] VSC 3, the Supreme Court of Victoria heard two related matters in which the plaintiff alleged that exposure to chemical solvents in his employment with the defendant caused him to suffer asthma, associated psychological illness, plasmacytoma and multiple myeloma (a type of cancer). In January 2010, Justice Forrest reaffirmed wellestablished principles relating to causation and damages. In awarding the plaintiff damages of $244,296, the Court was required t
Australia
20 Aug 2010
16
Directors and Officers Take Heed on new OHS Due Diligence Obligations
All States and Territories of Australia will soon have a new Work Health and Safety Act (the model Act), which will place on those governing businesses a duty to take positive steps to ensure compliance by the business with its health and safety obligations.
Australia
20 May 2010
17
Wynn Tresidder Management Case: Members of the Public & Application of Occupational Health & Safety Legislation
The NSW Court of Appeal recently considered whether an occupier’s duties under Occupational Health and Safety Act (2001) (OHS Act) and Regulations 2001 (OHS Regulation) should be extended to create a private statutory cause of action for a member of the public.
Australia
20 Apr 2010
18
Driving A Motor Vehicle Not Enough For Motor Accident Legislation
The appellant alleged that he suffered personal injury as a result of the spontaneous collapse of the driver's seat upon which he was sitting on three separate occasions during the course of his employment.
Australia
3 Sep 2009
19
Employer´s Non-Delegable Duty – Labour Hire
The specific issue to be determined by the Court involved the "extent to which the personal duty of the employer extends to premises over which it has limited or no control."
Australia
2 Sep 2009
20
How Long Must Offers Of Compromise Remain Open?
In New South Wales, rule 20.26(7) of the Uniform Civil Procedure Rules (UCPR) requires an offer of compromise served within two months of the trial date to be left open for such time as is reasonable in the circumstances, whereas an offer made more than two months before the trial date must remain open for no less than 28 days.
Australia
2 Sep 2009
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