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Despite Court dissolving trust fund, Plaintiff not required to pay back unused trustee fees

Insurance| 01 Dec 2020

Despite Court dissolving trust fund, Plaintiff not required to pay back unused trustee fees

Levi Saunders was nine years old when he suffered an acquired brain injury after he was involved in a motor vehicle accident on 3 August 2008. On 28 February 2014 (at the age of 15), the claim was resolved (by way of compromise application) and ...

No negligence in tragic accident

Insurance| 17 Sep 2019

No negligence in tragic accident

The District Court has recently dismissed a claim arising from serious injuries sustained in a fall from a roof, finding that the occupier had no duty of care to warn of an obvious risk of harm...

Investigating alleged misconduct may not constitute ‘discipline’

Insurance| 30 May 2019

Investigating alleged misconduct may not constitute ‘discipline’

A District Court judge has dismissed an appeal by an employer which was found liable for a worker’s stress injury, in relation to an issue of whether there had been ‘discipline’...

Unemployment no automatic entitlement to weekly payments

Insurance| 04 Apr 2019

Unemployment no automatic entitlement to weekly payments

The District Court has recently dismissed a worker’s appeal against a finding that he was not entitled to weekly payments on the basis of total incapacity for a period after he was made redundant until he obtained new employment ...

Third party liable to contribute to damages for injury caused by negligence of another

Statutory Insurance| 19 Feb 2019

Third party liable to contribute to damages for injury caused by negligence of another

The WA Court of Appeal has upheld a District Court judge’s decision apportioning 25% liability to Harvey Norman, in a case involving a customer injured while collecting purchases from Harvey Norman’s warehouse in Osborne Park.