Day

July 19, 2013
Article by Ross Donaldson Colin Biggers & Paisley   In brief – Action Paintball successfully appeals award of damages The Court of Appeal has given guidance as to the scope of risk warnings under the Civil Liability Act 2002 (NSW) to exclude a duty of care. The decision assists the providers of recreational services as...
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Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22   July 2013 Author: Siobhan Flores-Walsh   Occupational health, safety and security Introduction An unsafe system A lack of contrition What is the legal status of Insurance Policies that Insure the Consequences of Breaching the WHS Act (Relevant Insurance)? Key Lesson...
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Cox v Fellows [2013] NSWCA 206   Decision: (1) Appeal be dismissed. (2) Appellant to pay the respondent’s costs. Catchwords: TORTS – negligence – breach of duty – medical practitioner – laparoscopic cholecystectomy – whether surgeon departed from the usual standard of care TORTS – negligence – causation – medical practitioner – s 5D Civil Liability...
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Swan v Monash Law Book Co-operative [2013] VSC 326   JUDGE: DIXON J DATE OF JUDGMENT: 26 JUNE 2013 CATCHWORDS: TORT – Negligence – Duty of care – Psychiatric injury – Workplace bullying – Scope of duty of care – Reasonable foreseeability – Employee complaints to employer of bullying conduct by another employee (manager) –...
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Action Paintball Games Pty Ltd (In liquidation) v Barker [2013] NSWCA 128   Decision: Interlocutory orders:(1) Upon the agreement of the parties as to indemnity as to the respondent’s costs, grant the appellant leave to proceed in relation to this appeal pursuant to s 471B of the Corporations Act 2001 (Cth), such leave to be...
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ACB v VIN & Ors [2013] QDC 152   JUDGE: Kingham DCJ ORDER: The settlement of the claim by the plaintiff against the fourth defendant is sanctioned. By consent of the plaintiff and the third and fourth defendants, the default judgment by the plaintiff against the third and fourth defendants filed 4 May 2012 is...
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NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor [2013] QCA 179   JUDGES: Holmes and Fraser JJA and Margaret Wilson JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: Allow the application for an extension of time within...
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Dmitri Gramotnev v Queensland University of Technology [2013] QSC 158   JUDGE: McMeekin J ORDER: My answer to each of the separate questions is ―no‖; I direct that the defendant make any such submission as it may be advised as to any further order that it seeks on or before 4pm on 26 June 2013....
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