Presidential decision examines the section 289A and Anshun estoppel principles

  • Published 15.08.2023

Racing NSW v Goode (NSWPICPD 2023)

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Key Takeaways

Published | Tessa Hills

Turks is delighted to welcome Dane Twohill as a Special Counsel in our Employers Liability practice in Newcastle.

For over a decade, Dane has worked predominantly in the areas of NSW statutory workers compensation claims and work injury damages. Dane has also gained significant experience acting in NSW motor accident claims, public liability claims and intentional tort claims.

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Employers Liability Newsletter - July 2023

  • Published 18.07.2023

Recent Decisions

Employment not substantial contributing factor to fatal quad bike incident
Stuart v Workers Compensation Nominal Insurer & Ors (NSWPIC 2023)

A Slip of the Hand
Winiata Desi Derio Walmsley v Suez Recycling & Recovery Pty Ltd (NSWDC 2022)

A Slip of the Hand

  • Published 18.07.2023

Winiata Desi Derio Walmsley v Suez Recycling & Recovery Pty Ltd (NSWDC 2022)

Key Takeaways

The onus to prove a common law liability in the employer rests with the plaintiff and a statutory liability is not enough to establish liability at Common Law. The plaintiff has to prove a positive inference when establishing liability rather than weighing up possibilities.

Brief Facts

Employment not substantial contributing factor to fatal quad bike incident

  • Published 18.07.2023

Stuart v Workers Compensation Nominal Insurer & Ors (NSWPIC 2023)

Link to Decision

Link to Video

Key Takeaways

Appeal Panel declines to make deduction for impairment resulting from a secondary psychological injury

  • Published 17.07.2023

Ausgrid Management Pty Ltd v Fisk (NSWPICMP 2023)

Link to Decision

Link to Video

Key Takeaways