J v Accident Compensation Corporation [2017] NZCA 441 What Happened New Zealand’s Court of Appeal has recently handed down a decision that may signal a partial retreat of the statutory bar to proceedings arising from medical misadventure. In a case involving a failed sterilisation, remarks made by the Court appear to leave open the possibility […]
Holland v City of Botany Bay Council [2017] NSWSC 1120 What you need to know This Supreme Court judgment will be of interest to state and council road authorities, and their insurers. The decision provides clarification on when a roads authority (as opposed to “the” roads authority) can engage the special non-feasance protection under s45 […]
From 1 July 2017, a child abuse victim in Victoria will be able to avoid many of the historical impediments that would have previously prevented them from seeking legal redress. New laws have been passed in Victoria that impose a new duty of care on organisations exercising care, supervision or authority to take “reasonable precautions” […]
At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after Justice Mortimer of the Federal Court found a union organiser had breached the general protections […]
Important guidance on the determination of vicarious liability and statute of limitations in child sexual abuse cases has been provided in the High Court of Australia’s recent decision in Prince Alfred College Incorporated v ADC [2016] HCA 37. Click to read our analysis of the implications for your business prepared by Sean O’Connor and Greg […]
Sean O’Connor (Partner) and Michael Fung (Associate) review the recent NSW Court of Appeal decision in Mansfield v Great Lakes Council [2016] NSWCA 204, which discusses the evidence needed for a plaintiff to overcome a defence under section 43A (applicable to public authorities) and section 45 (applicable to road authorities) of the Civil Liability Act […]
