How a knowing failure to read mandatory material was enough to satisfy the demanding mental element of the notoriously difficult-to-prove tort.
By Ellen Rock - 2 min read
When does ordinary construction become unlawful interference? The High Court’s return to Bamford offers a sharper rule for practitioners confronting nuisance claims.
By Lucas Shipway - 1 min read
The judgment marks a pivotal expansion of institutional accountability, clarifying when non‑delegable duties arise and how foreseeability operates in child abuse cases.
By Christien Corns, Sam Rappensberg and David Knibbs - 2 min read
Expert evidence, collateral information and practitioner insight together form the foundation of a defensible capacity assessment in civil proceedings.
By Alex Morrison - 2 min read
Recent Court of Appeal decision confirms that strict principles apply when determining whether a defendant’s conduct was negligent and whether the conduct caused the plaintiff’s…
By Rita Yousef - 2 min read
Recent District Court decision examines the primary duties of an organisation and PCBU pursuant to work health and safety legislation. Penalties will increase from 1…
By Michael Selinger and Chloe Hamer - 2 min read
Leave to appeal was granted in a recent case involving a compensation claim arising from a fall as the primary judgment had significant consequences for…
By Rita Yousef - 2 min read
Recent judicial and Personal Injury Commission decisions examines Federal diversity jurisdiction and whether the Commission exercises judicial or administrative power when determining disputes.
By Michelle Riordan - 3 min read
From 1 April 2023, changes to definition of minor injury, statutory benefits scheme and damages claims came into effect under the Motor Accident Injuries Amendment…
By David Weng and Rita Yousef - 1 min read
The Injury Compensation Committee of the Law Society was deeply saddened to learn of the death of Geraldine Daley AM on 30 April 2022.
By Tim Concannon - 2 min read
The Statutory Review of the Motor Accident Injuries Act 2017 made 73 recommendations which focus on scheme design, interpretation and revision of key performance indicators.
By Rita Yousef and David Weng - 1 min read
Introducing the new Personal Injury Commission commencing operation in March 2021.
By Judge Gerard Phillips - 3 min read
The second in a two-part series on costs regulation in the Motor Accident Injuries Scheme.
By Belinda Cassidy - 3 min read