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Coward v Stephenson

Thinking| 13 Jun 2018

Coward v Stephenson

Introduction On 25 May 2018, Judge Levy handed down a decision in favour of the insurer, who was joined as a defendant to the proceeding under section 119 of the Motor Accidents Compensation Act 1999 (Act). The hearing was conducted in relation to a ...

Statutory insurance NSW/ACT 2016 in review

Thinking| 24 Jan 2017

Statutory insurance NSW/ACT 2016 in review

Contents Introduction Case updates Motor Vehicle Accidents The objective test for contributory negligence. What is reasonable to invest in the reasonable person? Further guidance as to section 62 MAS referrals. Issue estoppel defeats personal injury claim due to property damage settlement. ...

Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

Thinking| 26 Oct 2016

Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

In Lean v Cosmorex Coffee Pty Limited [2016] ACTSC 309 the ACT Supreme Court found that while Cosmorex, the defendant employer, had breached provisions of the Dangerous Substances Act 2004 (ACT) (Act) and, as a result, also breached its duty of care at ...

ACT Supreme Court provides guidance in relation to “temporary arrangements” in State or Territory of Connection test

Thinking| 23 Aug 2016

ACT Supreme Court provides guidance in relation to “temporary arrangements” in State or Territory of Connection test

Proceedings regarding the State or Territory of connection are relatively common in the Australian Capital Territory due to the ACT’s proximity to New South Wales. Injured workers actively seek access to the ACT statutory workers compensation and common law ...

The quickest way to an adverse costs order: non-compliance with Court directions

Thinking| 18 May 2016

The quickest way to an adverse costs order: non-compliance with Court directions

It is fundamentally important that case management directions of the Court are recognised as being orders of the Court rather than administrative suggestions that may be disobeyed if inconvenient.[1] Unfortunately, this statement was necessary in the context of the ACT ...