In the case of Castle v Perisher Blue Pty Ltd[1], Justice Cavanagh of the New South Wales Supreme Court was tasked with determining whether the statutory defence under section 5(L) of the Civil Liability Act 2002 (NSW) concerning ‘dangerous recreational activity’ applied to snow skiing. The facts giving rise to the case involved a collision … Read more Yep, skiing is a dangerous recreational activity!

Recent decisions of the Supreme Court of Queensland have highlighted systemic failings on the part of Queensland’s Statutory Bodies, and particularly Queensland Health bodies, in respect of the processes they have adopted in suspending employees whilst they conduct workplace incident investigations. The Supreme Court of Queensland in Walters v Hanson & Ors [2020] QSC216, examined … Read more An unreasonable management action?

I am often asked by client’s what I consider the single most important element of their claim to be.  My answer is always “your credibility is key”. What I mean by that is that no matter how good a job a lawyer does in running down all the available evidence, obtaining helpful medical reports and … Read more Credibility is key

Back in March 2020 following the nationwide lockdowns that saw businesses close across the nation at the request of the Government, I investigated the potential for coverage for business losses under common business interruption insurance policies in the marketplace. Please find below a link to the article that I wrote in March 2020 concerning the … Read more Business Interruption Insurance and COVID-19 – an update

The Motor Accident Insurance Commission (QLD) recently released a ‘CTP Scheme Insights Q1 (Jan-Mar) 2020’ report detailing important performance statistics of the CTP Scheme in the first quarter of 2020. The interesting takeaways are as follows: When measured as a percentage of average weekly earnings, Queensland has the most affordable CTP premiums in Australia; The … Read more CTP Scheme (Motor Vehicle Accidents) – a current snap shot

One of the most common queries I get asked by injured people in their initial consultations with me is whether they are at risk of getting sacked by their employer if they make a claim for their injuries. This is particularly so with WorkCover claimants where they have been injured in the course of their … Read more Can I be sacked for making a claim?

The National Disability Insurance Scheme (“NDIS”) is a Government funded scheme providing support to eligible persons with intellectual, physical, sensory, cognitive and psychosocial disability.  The purpose of the scheme is to provide a unified national approach to improving the lives of people with disability, their families and carers, and to provide leadership for a community-wide … Read more Understanding the NDIS

The week of 7 to 11 September 2020 is Electricity Safety week for 2020. It is an opportunity for WorkCover Queensland to shine a light on not only the dangers of electrical incidents in the workplace but also the rights and obligations on businesses, workers and contractors. First and foremost, it is important for businesses … Read more Shining a light on electrical safety

The recent announcement by the Queensland Government that they have stockpiled and secured ongoing supply lines for PPE equipment for our health care workers during the COVID-19 pandemic highlights the employer’s duty of care to provide proper and safe plant and equipment to employees to safely perform the tasks of their employment. But it is … Read more Providing PPE to health care workers is not enough

Recently, the ACT Supreme Court was tasked with determining whether the driver of a motor vehicle owed a duty of care to a bystander who witnesses an accident and suffers a phycological injury as a result.  The damages claim was brought on behalf of a lady who had sustained a psychological injury when she saw … Read more Drivers Owe a Duty of Care to Bystanders Too