Personal Injury - Page 7 of 7

Case Alerts

Lost Years: The High Court rules on whether future pension entitlements are recoverable

On 13 June 2018, the High Court held that loss of future superannuation pension payments may be compensated as loss of earning capacity, but that the loss of future aged pension payments are not. In this update, our Melbourne team of Allison Hunt (Special Counsel), Andrew Seiter (Partner) and Jackson Pannam (Associate) explore the circumstances […]

By : Jala Design Jun 22, 2018 Comments Off

WK News

Failed sterilisations: a “resurgence of common law claims” for loss of income?

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 […]

By : Richard Flinn Oct 17, 2017 Comments Off

Case Alerts

Tripping up on section 45 of the Civil Liability Act

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 […]

By : Greg Carruthers-Smith Sep 7, 2017 Comments Off

Case Alerts

Is an Occupier’s Liability for a Raised Platform Glaringly Obvious?

Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]

By : Jala Design May 24, 2017 Comments Off

Case Alerts

Discretionary timing of bank’s ‘target hardening’ technology deemed sound in Court of Appeal decision

Banks and other institutions invest significant amounts of time and capital in building systems, processes and procedures to plan for untoward criminal activity to ensure their staff, customers and the public are safe. Wotton Kearney has recently represented Westpac in a matter in the ACT Court of Appeal Roberts v Westpac Corporation [2016] ACTA 68. […]

By : Karen Jones Mar 28, 2017 Comments Off

Articles

When there’s nothing wrong in having another crack

Andrew Seiter and Noa Zur discuss the implications of a recent decision by the Victorian Supreme Court of Appeal in Mitchell v Latrobe Regional Hospital [2016] VSCA 342. On 21 December 2016, the Court said the amendments to the Wrongs Act 1958 (Vic) which have retrospectively lowered the thresholds for spinal and psychiatric injuries to […]

By : Andrew Seiter Dec 23, 2016 Comments Off

Case Alerts

Are we right? The Wrongs Amendment Act now passed in Victoria

The Wrongs Amendment Act 2015 has now passed through the Victorian Parliament and received Royal Assent. The retrospective amendments to the Wrongs Act 1958 remove some restrictions on entitlements to compensation for personal injuries and may substantially increase the entitlements of certain claimants in Victoria. Andrew Seiter (Partner) and Noa Zur (Senior Associate) have updated […]

By : Andrew Seiter Nov 24, 2015 Comments Off

Case Alerts

Re-righting the “Wrongs” retrospectively?

It is likely that the Wrongs Act Amendment Bill 2015 will soon pass through the upper house of the Victorian Parliament. If this occurs, the Wrongs Act 1958 will be amended and certain amendments will operate retrospectively.

By : Andrew Seiter Oct 29, 2015 Comments Off

Case Alerts

What’s wrong with the Wrongs Act in Victoria?

The Victorian Government is again looking at making amendments to the Wrongs Act 1958 which will have important implications for insurers and the conduct of personal injury claims.

By : Andrew Seiter Sep 16, 2015 Comments Off

Search