SIRA Reduces Surgical Fees

  • Published 12.07.2022

Link to Order

The Workers Compensation (Surgeon and Orthopaedic Surgeon Fees) Order 2022 came into effect on 1 July 2022.

The Order is aimed to correct high surgeon and orthopaedic surgeon fees in the NSW workers compensation scheme. Previously, surgical rates in the scheme were ‘significantly higher’ than standard industry rates.

Limitation Period Clarification on Staged Developments in Victoria

  • Published 11.07.2022

Key Takeaways

For building projects where multiple or staged occupancy permits are issued, the VSCA has handed down a decision in Lendlease Engineering Pty Ltd v Owners Corporation No 11 that provides clarity on determining the commencement of the 10-year limitation period in s134 of the Building Act 1993 (Vic) (the Act).

New Anti-Phoenixing Provisions Get First Work Out

  • Published 06.07.2022

The recent decision of Re Intellicomms Pty Ltd (In Liq) [2022] VSC 228 and the reasons for the decision accompanying the orders in Re Intellicoms Pty Ltd (in liq) (No 2) [2022] VSC 310 has caused some excitement amongst restructuring professionals as it constitutes the first judicial statements around the anti-phoenixing legislation introduced in 2020.

Key Takeaways

Nightclub or pub? NSWSC considers strength of underwriting evidence

  • Published 06.07.2022

Key Takeaways

Neon Underwriting Limited (Neon), a UK based Lloyd’s managing agent, failed to persuade the NSWSC it was entitled under s28 of the Insurance Contracts Act 1984 (Cth) to avoid cover for a public liability claim made by the Civic Hotel on the basis that it would have automatically declined cover had the hotel disclosed it had a nightclub in its basement.

Published | Tessa Hills

We are delighted to welcome Sharon Molenaar as a Special Counsel in our Employers Liability practice.

COMMERCIAL PROPERTY

Employers Liability Newsletter June 2022

  • Published 15.06.2022

Turks Guide Update 
Worker/Deemed Worker: An Update to the Turks Guide

Recent Decisions
Breaking Bad: Crime doesn’t pay
Raad v Cossey (NSWDC 2022)

Applying Section 65A(4) to prevent the aggregation of impairments

  • Published 15.06.2022

Tagicaki v Everwilling Cranes Pty Limited (NSWPIC 2022)

Link to Decision

Key Takeaways

Breaking Bad: Crime doesn’t pay

  • Published 15.06.2022

Raad v Cossey (NSWDC 2022)

Link to Decision

Key Takeaways

Although this case relates to a motor accident, the principles enunciated are of general application in civil litigation, particularly personal injuries claims. It provides a reason to closely review the conduct of a plaintiff where there may have been criminal activity which was relevant to the cause of the injury.