Reforms to simplify dispute resolution system for injured road users and workers claiming compensation
- Published 28.08.2019
Employers Liability Newsletter - August 2019
- Published 28.08.2019
Recent Developments
Brief case notes of interest
What’s in a name? Insurers need to be careful how and where they name a third party on a policy
- Published 16.08.2019
Tokio Marine & Nichido Fire Insurance Co Ltd v Holgersson [2019] WASCA 114
Overview
The WA Court of Appeal has found that indemnity was available to a party who fell within the definition of a ‘subcontractor’ under the principal’s liability policy without the restrictions on cover of the principals and subcontractors extension in circumstances where the notation of ‘subcontractors’ was included in the schedule under the definition of ‘Insured’ without any further detail.
The Unfair Contract Terms draft bill - What will it mean for insurers?
- Published 07.08.2019
Overview
Setoff Defence – A very useful tool to defend an unfair preference claim
- Published 05.08.2019
Summary
What is one of a creditors’ biggest nightmares? The unfair preference claim brought by a liquidator under section 588FA of the Corporations Act 2001 (Cth) (Act).
Stop press
- Published 31.07.2019
Hee v State Transit Authority of New South Wales [2019] NSWCA 175 (17 July 2019)
Notional assessment of damages in recovery proceedings does not bind worker in damages claim
- Published 31.07.2019
IAG Limited trading as NRMA Insurance v Lucic [2019] NSWSC 620 (28 May 2019)
Summary
The NSW Supreme Court has held that a worker will not be bound by the formulation of notional damages for the purpose of recovery proceedings under section 151Z of the Workers Compensation Act 1987 (the ‘1987 Act’) if the worker subsequently brings a separate action against the third party claiming damages.
Dispute on Work Capacity Decision determined by the Workers Compensation Commission
- Published 31.07.2019
Jennifer Stefanac v Department of Family and Community Services [2019] NSWWCCR 4 (11 July 2019)
Summary
Injury on journey to obtain medical treatment establishes real and substantial connection
- Published 31.07.2019
Khullar v ANZ Banking Group Limited [2019] NSWWCC 230 (1 July 2019)
Summary
The employer was found liable for an aggravation of a prior work injury where the aggravation resulted from a motor vehicle accident that occurred when the worker was returning from a medical appointment.
Employers Liability Newsletter - July 2019
- Published 31.07.2019
Recent Legislative Developments
There are no recent legislative changes to report.
Recent Decisions
Injury on journey to obtain medical treatment establishes real and substantial connection
Khullar v ANZ Banking Group Limited [2019] NSWWCC 230 (1 July 2019)