On the 29th April 2013 the NSW Court of Appeal gave judgment in a case that provides clear guidance that the changes made to the lump sum claim provisions in the 2012 amendments to the 1987 Act are not retrospective in nature.  Previously insurers have been relying on the Goudappel decision at the Presidential level [...]

A woman has received $9.5 million in compensatory damages in proceedings concerning a high speed motor vehicle accident in 2006.  Susan Delaney suffered brain injuries when she was injured when a motorcycle driven by her boyfriend crashed on a mountain road.  Ms Delaney’s boyfriend was a member of the Odin’s Warriors Motorcycle gang and was [...]

Three fatalities have resulted from an outbreak of listeria traced to Jindi cheeses.  Listeria is a type of bacteria that contains 7 species.  Listeria is a serious infection which is caused by eating foods contaminated by the bacteria  Ingestion of the listeria bacteria can result in listeriosis which can have fatal consequences.  By 13 February [...]

Changes have been made under the New South Wales workers compensation system with effect from the 1st October 2012. Workers who have been in receipt of weekly payments of worker’s compensation after a period of time can be subjected to work capacity assessments. A work capacity assessment can have the effect of reducing or terminating [...]

The Taipan is regarded as Australia’s most dangerous species of snake.  The deceased worker Andrew Vaughan was covered by worker’s compensation at the time of his accident. Andrew’s family are eligible to receive death benefits under the Workers Compensation and Rehabilitation Act 2003 (Qld).  Under Part 11 of the Act Section 200 there is a [...]

The High Court of Australia has recently given judgments concerning liability for costs in cases involving intentional acts. Put simply the High Court held that for personal injury damages based on intentional acts, those damages are personal injury damages within the meaning of Section 198D of the Legal Profession Act 1987 (NSW). The respondents sued [...]

NSW WorkCover has urged employers to change their working conditions to accommodate the heatwave conditions predicted in New South Wales on 8 January 2013.  Mr John Watson, the General Manager of WorkCover has suggested that work arrangements be altered to work in the cooler parts of the day and that workers be allowed to take [...]

Many people injured in Queensland either on their way to or from work or driving during the course of their employment may have dual rights to claim compensation if they receive injuries in a motor vehicle accident. Under Queensland law a worker who is driving to or from work and is involved in an accident [...]

A waste firm in Sydney has been fined a $130,000.00 after a worker lost both legs, both testicles and his left hand in an industrial accident. Shane Bushel was working as a welder when he slipped into a hydraulic bailing machine at SITA’s plant in Camellia near Parramatta in 2009.  As Mr Bushel tried to [...]

Most people are aware that you can claim compensation for workplace accident or motor vehicle accidents, but what are the rules when you suffer injuries at the home of a friend, neighbour, or acquaintance? Can you still claim compensation for your injury? How does it affect the owner? Home owners in QLD and NSW usually [...]