Mincing words: Contract clauses which seek to exclude liability for injuries in labour-hire situations

  • Published 09.04.2020

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 26 (10 March 2020)

Summary

This case involved an injury to a labour-hire worker at the premises of a host employer.

WCC and SIRA updates

  • Published 09.04.2020

New Guidelines for AMS examinations

The NSW Workers Compensation Commission released new Guidelines on 2 April 2020 addressing how Approved Medical Specialist (“AMS”) examinations will proceed in light of the public health risks associated with COVID-19.

The main points of note are:

COVID-19 Legislation Amendment (Emergency Measures) Act 2020

  • Published 09.04.2020

The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 came into force on 25 March 2020.

Insofar as workers compensation is concerned, the Act gives Regulation and Guideline making powers to permit treating allied health professionals to issue second and subsequent Certificates of Capacity. Previously, pursuant to Section 44B of the Workers Compensation Act 1987, only medical practitioners were able to issue such Certificates.

Employers Liability Newsletter - April 2020

  • Published 09.04.2020

Court of Appeal declines to isolate work from home

  • Published 09.04.2020

Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 (31 March 2020)

Summary

Toothless Offer of Compromise for self-represented litigant

  • Published 08.04.2020

Jones v Braund (No 3) [2020] NSWDC 74

COVID-19 Assistance Packages for businesses in NSW

  • Published 01.04.2020

Below is a list of assistance packages available to businesses in NSW.

Don’t Touch My Pen! Social Distancing & Signing Affidavits & Transactional Documents

  • Published 31.03.2020

The New South Wales Legislative Council and Legislative Assembly passed the COVID-19 Legislations Amendment (Emergency Measures) Act 2020 (NSW) (the ‘Act’) on 24 March 2020 which was assented to on 25 March 2020.

The Act introduces amendments to a number of NSW Acts in order to implement emergency measures as a result of the COVID-19 pandemic.

TPD: Reinsurer in the Spotlight

  • Published 30.03.2020

MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme & Anor [2018] NSWSC 923

COVID-19 - GI Takeaway Regulation

  • Published 27.03.2020

During these unprecedented times, the General Insurance industry in Australia and New Zealand is beginning to see significant change to its regulatory framework.

These changes appear as a necessary adaptation to the COVID-19 pandemic and after the Insurance Council of Australia declared the pandemic a catastrophe on 11 March there is likely to be further ground breaking change given the extended nature of this crisis compared to other catastrophes.