Employers Liability Newsletter - May 2019
- Published 22.05.2019
Employers Liability Newsletter - May 2019
Employer not liable where third party fully responsible for breach
- Published 22.05.2019
State of New South Wales v Charter Hall Retail Management Limited (formerly Macquarie Countrywide Management Limited) and Anor [2019] NSWDC 95 (25 March 2019)
Summary
Untangling injury from pre-existing conditions
- Published 16.05.2019
Officeworks Ltd v Christopher [2019] NSWCA 96
Published | krystal prasad
We are delighted to welcome Anthea Karvounaris as a Partner in our Victorian General Insurance practice.
Anthea is a highly experienced General Insurance lawyer with a proven track record in delivering advice and litigation to general insurers in a wide range of claims including motor, property, fraud and indemnity disputes.
Over her career Anthea has worked on a number of complex cases, most notably a recent multi-million dollar recovery action resulting from a flood event in Tasmania and a bushfire in Victoria.
Published | krystal prasad
We are delighted to announce the appointment of Miriam Browne as Special Counsel, based in our Newcastle office.
Miriam is a specialist lawyer with over 15 years’ experience in workers compensation and work injury damages with a career that has spanned numerous periods of reform. Miriam is highly valued by her insurer, self-insurer and employer clients and has a strong reputation for being practical, strategic and whole of business focused.
NSW Supreme Court confirms details of plaintiff’s need for hire vehicle are vital to the calculation of damages
- Published 14.05.2019
Seung Hyun Lee v Leisa Strelnicks [2019] NSWSC 526
Summary
Last week the NSW Supreme Court determined an appeal from the Local Court requiring judicial review of a Local Court Assessor’s ruling on a claim for loss of use of a motor vehicle. Justice Wilson upheld the ruling of the Assessor and in doing so confirmed that the a plaintiff’s need for a replacement vehicle is relevant to the assessment of damages and that material evidence addressing the degree of such need must be adduced in discharge of the plaintiff’s evidentiary burden.
Performance Appraisal for s11A Defence
- Published 18.04.2019
Dinning v Westpac Banking Corporation [2019] NSWWCC 49
Reinstatement of injured workers
- Published 18.04.2019
Hibbard v Lithgow City Council [2019] NSWIRComm 1020 per Commissioner Sloan
Summary
A recent case in the Industrial Relations Commission of NSW explains the law regarding an employer’s obligation to reinstate injured workers who have been dismissed because of a work-related injury, and the matters to be taken into account when deciding whether or not an injured worker has satisfied the requirements for reinstatement.
Background
Lack of diagnosis no bar to a finding of consequential injury
- Published 18.04.2019
Arquero v Shannons Anti Corrosion Engineers Pty Ltd [2019] NSWWCCPD 3 (29 January 2019)
Employers Liability Newsletter - April 2019
- Published 18.04.2019
Employers Liability Newsletter - April 2019