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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

Employer found vicariously liable for negligence of non-employee on a construction site

In the recent decision of Bartlett v De Martin & Gasparini Pty Ltd [2024] NSWSC 1172, the Supreme Court of New South Wales revisited the principles for when vicarious liability may attach to an employer for the actions of a non-employee.

  • Insurance
  • Insurance & Risk
  • Workplace injury
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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

Workplace injuries in the mining industry: 15 years of Queensland Supreme Court decisions

Workplace injuries represent a real risk for operators, contractors and labour hire companies in the mining industry. They often result in protracted and expensive litigation, when the injured individual alleges that their injury was caused by anothe

  • Employee safety
  • Insurance
  • Duty of care
Todo

Court Decision

Stuntman fails to prove injury significantly stunts his earning capacity

Background In Saul v Machalek & Anor [2021] QCA 7 the Supreme Court of Appeal upheld the original decision of the District Court of Southport to award Mr Saul damages totalling $104,791.95. At the time of the incident, Mr Saul was a professional

  • Insurance
  • Work cover

Factsheet

COVID-19 insurance considerations

Tips for insurance coverage during the COVID-19 outbreak The recent outbreak of COVID-19 is having a major impact on businesses, both large and small.  You may be wondering whether potential losses are covered under your various insurance policies

  • businesses
  • Covid-19
  • Coronavirus
  • Pandemic
  • Health
  • Small business
  • Large business
  • Risk
  • Commercial premises
  • Residential premises
  • Insurance
  • Public liability

Article

An employer's guide to staging Christmas parties

It’s the most wonderful time of the year, but for many employers Christmas parties are fraught with risk. In this article, HopgoodGanim’s Insurance and Workplace and Employment Law teams have joined forces to provide employers with hints and tips

  • Health
  • Safety
  • Insurance
  • Risk
  • Workplace and employment

Court Decision

Inconsistency and failure to follow direction the plaintiff’s downfall - Court finds employer not liable for worker's injury

In the recent decision of Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141, the Queensland District Court found that an employer had not breached its duty of care to an employee in circumstances where: the risk of injury to a

  • Insurance
  • Liability
  • Duty of care

Court Decision

Pre-shift injury is work related

Key issues: A recent decision from the Industrial Court of Queensland has ordered the acceptance of a workers’ compensation claim after a worker fell from a ladder prior to commencing work.  WorkCover rejected the claim claiming that while the

  • Insurance
  • Risk
  • Work duties
  • Legislation

Court Decision

Mobile phone user contributed to slip and fall

Key issues Plaintiff injured themselves walking across a wet supermarket carpark while using a mobile phone Defendant was aware of the wet floor, but failed to take reasonable steps to avoid the injury as would a reasonable person in their positi

  • Insurance
  • Retail

Court Decision

Win for employer: School not liable for slip on grape

The common grape has caused more than its fair share of personal injury litigation over the years. In the recent decision of Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123 the court found that the plaintiff’s employer was not

  • Duty of care
  • Employee safety
  • Supermarket
  • Insurance

Court Decision

Retailer not liable for failing to warn customer of the risk of tripping in its children's play area

In the recent decision Bunnings Group Ltd v Giudice [2018] NSWCA 144, the Court of Appeal overturned the trial judge’s finding that Bunnings had failed to warn a customer of the risk of tripping when entering the children’s play area within the s