Employers Liability Newsletter August 2020

  • Published 17.08.2020

Legislative Developments
The Personal Injury Commission Act 2020 was passed by Parliament on 5 August 2020 and assented on 11 August 2020.

Full article can be found here.

Payment of damages ‘in respect of an injury’: interpreting s151A of the Workers Compensation Act 1987 (NSW)

  • Published 17.08.2020

Gardiner v Laing O’Rourke Australia Construction Pty Ltd (NSWCA 2020)

Drawing inferences: evidence must be considered as a whole on the balance of probabilities

  • Published 17.08.2020

Qantas Airways Ltd v Coleman (NSWWCCPD 2020)

Personal Injury Commission - one step closer

  • Published 17.08.2020

Key Takeaways

The Personal Injury Commission Act 2020 was passed by Parliament on 5 August 2020 and assented on 11 August 2020.

The Personal Injury Commission (PIC) will be a ‘one stop shop’ to simplify the management of workers compensation and motor vehicle accident disputes.

The PIC will replace the Workers Compensation Commission (WCC) effective 1 March 2021.

New Legislation

ASIC releases expectations of lenders in dealing with expiring COVID-19 loan deferrals

  • Published 17.08.2020

Key Takeaways

ASIC has published its expectations of retail lenders in dealing with expiring loan deferrals (as a result of COVID-19) over the next few months.

Lenders are expected to do all that is necessary to ensure credit activities are performed 'efficiently, honestly and fairly.' In doing so, lenders are asked to put in place processes to allow for an orderly transition that delivers fair and appropriate outcomes for customers.

NSW Court of Appeal denies claim by plaintiff in act of committing a crime

  • Published 05.08.2020

SW v Khaja (2020 NSWCA)