Personal Injury - Page 3 of 8

Articles

Damages update: Victorian Court of Appeal reassesses damages in historical abuse case

By: Jonathan Maher and Tushka Sridharan At a glance The Court of Appeal reduced the jury’s $1.1 million award of pain and suffering damages to $550,000, deeming the original amount “manifestly excessive”, aligning it with judge-alone awards in similar cases. The jury’s $1.3 million exemplary damages award was set aside entirely, with the Court of […]

By : Joshua Weiler Nov 11, 2024 Comments Off

Articles

To care, or not to care: when does a public agency owe a private duty?

By: Patrick Thompson and James Clohesy At a glance The UK Supreme Court has delivered another judgment dealing with when a public authority can owe a private duty of care to members of the public. The decision reaffirms what is becoming a bright line distinction in the UK between cases where the public authority, by […]

By : Joshua Weiler Nov 1, 2024 Comments Off

Articles, Case Alerts

Tort of privacy recognised in Australia

By: Patrick Thompson At a glance In Lynn Waller v Romy Barrett [2024] VCC 962, the plaintiff successfully argued that the defendant breached her confidences and invaded her privacy by disclosing private details from counselling sessions to media outlets, leading to damages awarded. Judge Tran recognised a distinct cause of action for invasion of privacy […]

By : Joshua Weiler Oct 30, 2024 Comments Off

Case Alerts

Slipped or tripped? Plaintiffs must prove what actually happened

By: Jonathan Maher and Arriane Garcia Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429 At a glance In the decision of Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429, the County Court of Victoria has […]

By : Anja Vogel May 1, 2024 Comments Off

Articles

Court of Appeal says ‘back to business as usual’ with the Victorian Medical Panel

By: Andrew Seiter and Hope Saloustros At a glance On 1 May 2023, Judge Fraatz of the Victorian County Court handed down judgment in the Rosata matter, holding that a Medical Panel can only make one determination in the same proceeding to determine whether a claimant’s injuries meet the threshold to claim non-economic loss damages in […]

By : Anja Vogel Nov 24, 2023 Comments Off

Articles, Thought Leadership

State of the nation: a guide to personal injury claims in Australia – updated for 2023-24

We’re delighted to share W+K’s State of the nation 2023-24 – our guide to different procedural rules, limitation periods, assessment of damages and recent cases for personal injury claims in each Australian state. Assessments of damages in personal injury claims and the apportionment of damages in property damage/economic loss claims in Australia are governed by […]

By : Anja Vogel Nov 21, 2023 Comments Off

Articles

County Court decision overturns long-standing Medical Panel process

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 […]

By : Anja Vogel May 3, 2023 Comments Off

Case Alerts

The mystery of the water on the floor: County Court confirms that speculation is not enough

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 […]

By : Anja Vogel Apr 6, 2023 Comments Off

Articles

Changes affecting personal injury claims in Queensland from 31 October 2022

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 […]

By : Joshua Weiler Oct 31, 2022 Comments Off

Case Alerts

NSW Supreme Court finds for plaintiff in train platform accident case

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 […]

By : Joshua Weiler Sep 26, 2022 Comments Off

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