On 1 May 2023, the Victorian County Court handed down its judgment in the Rosata matter. The decision has taken respondents in Victoria by surprise and may overturn a process that has been bedded down over the last 20 years. In Rosata, the County Court held that the Medical Panel can only make one determination […]
Karlevski v Vicinity Centres PM Pty Ltd & Anor [2023] VCC 482 A recent decision by the County Court of Victoria has reconfirmed that while plaintiffs in personal injury actions can rely on inferential reasoning in the absence of direct evidence to a point, mere conjecture is not sufficient. In this matter, which involves a […]
Today, the remaining provisions of the Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (the Amendment Act) came into force. These amend the Personal Injuries Proceedings Act 2002, the Legal Profession Act 2007 and the Workers’ Compensation and Rehabilitation Act 2003. The amendments, together with the provisions that were already in force from the […]
Chol v Sydney Trains [2022] NSWSC 1266 The NSW Supreme Court has found for a plaintiff who suffered major injuries after falling between a platform and a train at a Sydney train station. In this matter, the Court accepted that Sydney Trains had a reasonable system of keeping passengers safe. However, it ultimately found Sydney […]
Assessments of damages in personal injury claims and the apportionment of damages in property damage/economic loss claims in Australia are governed by different state legalisation and regimes. Each regime has unique characteristics that are important in the context of driving claim strategies. To help demystify many of the idiosyncrasies of personal injury litigation, W+K has […]
On 22 June 2022, the Queensland Parliament passed new laws banning claim farming of personal injury claims in the state. The Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (PIPOLA) seeks to end the proliferation of claim farming in Queensland through amendments to the Personal Injury Proceedings Act 2002 (PIPA), the Workers’ Compensation and […]
On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable. For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that […]
Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11. In the decision, the majority of the […]
The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]
The Bureau of Meteorology has declared a La Niña weather event for the 2021-2022 summer. These events notoriously result in cyclones and other natural disasters, leading to tragic loss of life and billions in property claims costs. The current La Niña weather event undoubtedly will lead to a substantial increase in property damage and consequential […]
