One for the record – landlords prevail in tenant’s claim with negligence finding against agents

  • Published 19.02.2019

Than v Galletta and Ors [2019] NSWDC 9

Protecting your protection: avoiding automatically lapsing caveats in Victoria

  • Published 19.02.2019

Summary

Case notes on AMS referrals and the restriction to one assessment…does section 39 apply?

  • Published 18.02.2019

Section 39 of the Workers Compensation Act 1987 (the 1987 Act) provides that a worker has no entitlement to weekly compensation benefits in respect of an injury after receiving payments for an aggregate period of 260 weeks. However, the restriction does not apply where the WPI that results from the injury is assessed as more than 20%.

Section 322A of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) prevents a worker from obtaining more than one assessment of permanent impairment.

Work Injury Damages: A timely reminder about strict timeframes

  • Published 18.02.2019

Van Der Borght v Memjet North Ryde Pty Ltd [2018] NSWDC 346 27 November 2018

Respondent acted reasonably suspending weekly benefits pursuant to section 48A

  • Published 18.02.2019

Joanna Cross v Department of Education & Training [2018] NSWCC 275 9 November 2018

Background

The worker made a claim for weekly benefits in respect of two separate injuries suffered on 13 August 2014 and 2 February 2015 arising out of or in the course of her employment as an administration assistant at Orange High School.

All the latest changes and commencement dates - February 2019

  • Published 18.02.2019

A number of the further changes made by the Workers Compensation Legislation Amendment Act 2018 commenced on 1 January 2019. The amendments include:

Employers Liability Newsletter - February 2019

  • Published 18.02.2019

Legislative Developments

All the latest changes and commencement dates

Recent Decisions

Respondent acted reasonably suspending weekly benefits pursuant to section 48A
Joanna Cross v Department of Education & Training [2018] NSWCC 275 9 November 2018

Binding Death Benefit Nomination Deemed Valid Despite Allegation of Duress and Coercion

  • Published 01.02.2019

Facts

The Member passed away at the age of 54 and was survived by the adult son and the adult daughter (together the Adult Children), whom he had with the First Spouse, and three minor children (the Minor Children), whom he had with the Second Spouse.

The Member had prepared a will which stated that all but 10% of his estate should be left to his second spouse.

Circumstantial Silence by Trustee Deemed Misleading and Deceptive Conduct

  • Published 01.02.2019

Facts

The Member was 21 when he died interstate and was survived by his mother and father. He joined the Fund through his casual employment with the Employer and default cover of Death (Death Cover) plus Total and Permanent Disablement and Income Protection, collectively basic cover (Basic Cover) was applied to his account. The Member’s account was set up without listing his home address.