Samuel Goldwyn, the Hollywood movie mogul, reputedly once said “A verbal contract isn’t worth the paper it’s written on”*

  • Published 31.05.2021

*Per Rares J TWW Yachts Sarl v The Yacht “Loretta” (No 1) (FCA 2021) at paragraph 1

Key Takeaways

This case looks at whether what was said in a telephone conversation can amount to a binding agreement within the meaning of either the first or second limbs of Masters v Cameron1.

Brief Facts

Claims as a Financial Service – there’s still time left

  • Published 26.05.2021

On 8 April 2021 ASIC published Media Release 21-067, which incorporated the final version of its claims handling and settling service information sheet – INFO 253 (formally is

Retrospective reinstatement in the Dust Diseases Tribunal: How to preserve damages

  • Published 18.05.2021

In the matter of Austral Bronze Pty Limited; In the matter of John Darlington Pty Limited; In the matter of John Darlington Pty Limited (No 2) (NSWSC 2020)
LINK TO DECISION

Key Takeaways

Section 323 deductions and WPI thresholds

  • Published 18.05.2021

State of New South Wales (Hunter New England Local Health District) v Fred (NSWPICMP 2021)
LINK TO DECISION

Key Takeaways

A MAP has determined that an AMS has erred in failing to apply a deduction for pre-existing condition under s323 of the 1998 Act. A deduction of 1/10th was subsequently applied, reducing overall assessment of WPI from 22% to 20%.

The McDougall review – a possibility of further legislative reform

  • Published 18.05.2021

Key Takeaways

The McDougall review into icare, and the worker’s compensation scheme more broadly, was published on 30 April 2021.

The review examined icare’s execution of the changes it was created to achieve, but also addressed the issues and challenges facing the scheme’s ability to achieve its goals under the current legislation.

McDougall makes a host of recommendations, some of which would require legislative change – potentially lighting the way ahead for further reforms.

Highlights

Employers Liability Newsletter - May 2021

  • Published 18.05.2021

Legislative Developments

The McDougall review – a possibility of further legislative reform  

Recent Decisions

Section 323 deductions and WPI thresholds
State of New South Wales (Hunter New England Local Health District) v Fred (NSWPICMP 2021)

Full Court of the FCA ‘gunns’ the peak indebtedness rule

  • Published 12.05.2021

Key Takeaways