NSW Court of Appeal confirms ‘dangerous recreational activity’ defence under CLA available in context of professional sports

  • Published 06.02.2018

Goode v Angland [2017] NSWCA 311

Summary

In Goode v Angland, the Court of Appeal considered the application of section 5L Civil Liability Act 2002 (NSW) (CLA) to a personal injury claim by a professional jockey injured during a horse race. The Court held that professional horseracing is a ‘recreational activity’ for the purposes of section 5K CLA, enabling the defendant to successfully argue that the statutory defence of ‘obvious risk’ of a ‘dangerous recreational activity’ applied to defeat the claim.

Facts

The smoke clears and circumstantial evidence prevails

  • Published 23.01.2018

Sharma v Insurance Australia Ltd (t/as NRMA Insurance) [2017] NSWCA 307

No Wine or Roses or Testamentary Disposition

  • Published 18.01.2018

Reschke v Reschke [2017] SASC 192 (22 December 2017)

Indemnity interpretation and enforcement following settlement with a third party

  • Published 17.01.2018

Action Workforce Pty Ltd v DHL Exel Supply Chain (Australia) Pty Ltd; DHL Exel Supply Chain (Australia) Pty Ltd v Action Workforce Pty Ltd [2017] NSWCA 321

Summary

Financial Services Bulletin - December 2017

  • Published 20.12.2017

Welcome to the December edition of our Financial Services Bulletin

With the end of the year practically in sight this is our last edition of the Financial Services Bulletin for 2017. Read on for industry news, case law developments, our selection of FOS and SCT determinations and our topical “Turks Q&A”.

The FSB has been another huge success in 2017 and we would like to thank you, our readers, for being part of it. We wish you all the very best for the festive season and a bright and prosperous New Year!

Employers Liability Newsletter - December 2017

  • Published 20.12.2017

Recent Developments
The new world of claims management…icare’s transition to a new model

Recent Decisions

Claims for Psychological injury - all relevant statements essential
Harris v Australian Plastics Profiles Pty Ltd (20 November 2017)

Oh Buoy! Court finds accidental damage not covered due to faulty design exclusion

  • Published 20.12.2017

Sheehan v Lloyds Names Munich Re Syndicate Ltd (2017) FCA 1340

A second bite of the apple for judgment debtors

  • Published 07.12.2017

Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28

Published | krystal prasad

We are delighted to announce the further expansion of our Melbourne office by welcoming back Sofia Papachristos to TurksLegal as a Partner in our Insurance and Financial Services team.

Sofia spent close to two years with TurksLegal from 2014 – 2016 as a Senior Associate, prior to which she was part of a dispute resolution team in a major life insurer.

She is a highly experienced life insurance dispute resolution lawyer with a proven track record of achievement and we are very excited to have her return to TurksLegal to resume working with our clients from January 2018.

COMMERCIAL PROPERTY

Published | krystal prasad

TurksLegal and the Australian and New Zealand Institute of Insurance and Finance (ANZIIF) are pleased to announce the winner of the 2017 ANZIIF TurksLegal Claims Scholarship is Fiona Fong, Senior Claims Consultant at Marsh.

Announced this morning at ANZIIF’s annual General Insurance Breakfast in Sydney, Fiona submitted the winning entry on the topic of Cyber claims – ‘Are insurers ready to handle cyber claims?’

COMMERCIAL PROPERTY
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