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 […]
2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]
Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class. The decision was significant for insurers as it […]
The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.
