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Here are 19 results that may be of interest

Negligence (19)

Court Decision

High Court decision upholds Queensland Court of Appeal ruling on employer indemnity clauses in WorkCover claims

The High Court has refused special leave to appeal in Townsville City Council vs Vatsonic Communications Pty Ltd and Ors (2005) HCA Disp 9 B58/2024.

  • Negligence
  • Workers compensation
Todo

Court Decision

Queensland Court of Appeal finds that a third party’s contractual indemnity against the employer in a WorkCover claim is void

A major development in Queensland’s workers compensation law occurred on Friday 13 September 2024 when the Queensland Court of Appeal handed down judgement in Bilson v Vatsonic Communications Pty Ltd (2024) QCA 171.

  • Wokers' compensation
  • Indemnity cost
  • Negligence
Todo

Court Decision

No bending the rules: banana harvester found liable for contributory negligence

Banana peels have long been considered an obvious risk, but in Longbottom v L & R Collins Pty Ltd [2021] QSC 242 the Supreme Court considered whether a banana harvester disregarded an obvious risk of injury by standing beneath an unusually tall b

  • Insurance
  • Negligence
  • Work cover

Court Decision

EP Act executive officer liability tied to when harm is actually caused

Take home point The liability of an executive officer of a corporation under s 493(2) of the Environmental Protection Act 1994 (Qld) (EP Act) ,for failing to ensure that the corporation complies with the Act, is tied to the corporation’s actual c

  • Environment
  • Corporations
  • Environmental harm
  • EPA
  • Negligence

Court Decision

Memory loss and history of impulsive decision-making defeat Nominal Defendant CTP claim

Memory loss caused by head trauma can be a major impediment to a plaintiff reliably recounting the occurrence of an accident. Ultimately, it is for the court to determine whether the plaintiff’s recollection is correct or is a recent invention or r

  • Risk
  • Negligence
  • Safety

Article

Aerial instructor’s duty swings on appeal

Everyday across Australia thousands of people participate in exercise classes ranging from typical gym offerings of spin class and pump to more adventurous pursuits. In the recent decision of Cornwall v Jenkins as Trustee for the iSpin Family Trust [

  • Duty of care
  • Risk
  • Exercise
  • Gym
  • Fitness
  • Negligence
  • HSE
  • PPE
  • Safety
  • Health and safety

Court Decision

Retailer successfully defends negligence claim following customer's brush with automatic entrance gates

In a recent decision of the ACT Court of Appeal, ALDI Foods Pty Ltd (ALDI) was successful in defending a claim for negligence made by a customer who suffered personal injury when her trolley collided with an automatic entrance gate, which did not ope

  • Duty of care
  • Negligence
  • Contributory negligence

Article

Peter Sagan is out of this year’s Tour de France - but could he have a claim against the UCI?

The decision of the Commissaires Panel of the Union Cycliste Internationale (the world governing body for the sport of cycling) after the conclusion of stage 4 of this year’s Tour de France highlights the difficulties which sports officials face

  • Leisure sport and entertainment
  • Negligence

Court Decision

Injuries sustained post resignation found to have arisen "out of or in the course of employment"

In the recent decision of Davis v Terrivic Pty Ltd [2016] NSWWCC 10, the New South Wales Workers’ Compensation Commission (the Commission) found that personal injuries sustained by a worker in a motor vehicle accident following the Applicant’s re

  • Wokers' compensation
  • Resignation
  • Employment
  • Insurance
  • Injuries
  • Duty of care
  • Negligence

Court Decision

Security guard injured in trolley mishap fails against his employer and the club occupier

South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 In this article, our Insurance team considers the scope of duty owed by employer and occupier and the necessity for workers to prove that any breach of duty was causative of harm. Con

  • Negligible
  • Duty of care
  • Insurance
  • Negligence

Court Decision

Car park assault: employer and occupier ruled not liable for cleaner's injuries

On 25 June 2015 and 22 July 2015, HopgoodGanim Lawyers published articles discussing the outcome of two recent decisions handed down by appellate courts involving plaintiffs assaulted by third parties who had their claims for damages against their em

  • Duty of care
  • Employment
  • Occupier
  • Negligence
  • Assault

Court Decision

Employer not liable for accidental stabbing

Hospitality injury Breach of Duty Reasonable countermeasures In the following article, Partner Robert Tidbury discusses the recent decision of Umberto Polizzi v Hervey Bay Boat Club Inc (M1411/13) in which a bar attendant sustained a penetrati

  • Duty of care
  • Negligence