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

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.

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

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

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.

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.

Summary

The Supreme Court of New South Wales has recently delivered a judgment concerning a claim for a Total and Permanent Disablement (TPD) benefit. The proceedings were heard by Justice Hallen.

Background

The plaintiff, Ms Susan Folmer, commenced work with Aspire Mental Health Services as a community development officer and counsellor in late 2007. She was a member of the Victorian Superannuation Fund (the Fund). VicSuper Pty Ltd was the trustee of the Fund.

Summary

Justice White of the NSWSC recently handed down a decision dealing with an ‘offset’ clause in a group salary continuance (GSC) policy. Bearing in mind both the prevalence of such clauses in group and retail IP policies and the commonality of the wording of such clauses, the decision has industry wide implications.

Background 

Summary

In this case the Court considered the issue of fraudulent misrepresentation, and whether the insurer was entitled to avoid contracts of life insurance pursuant to section 29(2) of the Insurance Contracts Act 1984 (the Act).

Background

The plaintiff was a former police officer whose TPD claim was declined. She commenced proceedings and the NSW Supreme Court made orders for the separate determination of questions with respect to, in essence, whether the insurer breached duties including the duty to act reasonably in forming its opinion.

The Judgment