Publications (1562)

A point of contention between plaintiffs' lawyers and insurers regarding TPD claims in Queensland is the date at which TPD is to be assessed.

Almost nine months after its completion in July 2016, the Report of the Major Hazard Facilities Advisory Committee (Committee) was released in March 2017. The Committee reviewed Victoria's land use planning framework for areas surrounding Major Hazard Facilities (MHFs), and has made recommendations intended to better protect MHFs from encroachment by more sensitive uses such as residential development. Some examples of registered MHFs include oil refineries, LPG facilities, large fuel and chemical storage sites, and chemical plants.

When managing the return of employees to the workplace after they have been absent due to illness or injury, do employers have the right to direct employees to undergo an independent medical examination by an employer nominated doctor, particularly when they have concerns for the health and safety of employees?

The Biosecurity Amendment (Ballast Water and Other Measures) Bill 2017 (Ballast Water Bill) was introduced on 15 February 2017 by Mr Barnaby Joyce, Minister for Agriculture and Water Resources. The Ballast Water Bill is intended to strengthen Australia's biosecurity system and implement the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention).

Welcome to the first edition for 2017 of the HWL Ebsworth Insurance Review.

The judgement arising from ASIC's recent prosecution against Peter Drake and two other directors of LM Investment Management Ltd (LMIM), in the Federal Court decision of Australian Securities and Investment Commission (ASIC) v Drake (No. 2) [2016] FCA1552 (ASIC v Drake) offers a useful guide to insurers when defending claims against directors and officers as to how to identify potential weaknesses in a claimant's case.

In this article we discuss a recent Tasmanian Supreme Court Judgement which serves as a reminder of the pivotal principles applied in common law claims for personal injury and also of the inherent danger and ongoing risk and exposure to employers who utilise quad bikes in the work place.

A recent decision by the District Court of Western Australia is likely to have significant repercussions for head contractors who elect not to exercise supervision over a work site, even where they delegate responsibility to competent sub-contractors. 

The recent Victorian Supreme Court of Appeal Decision of Rakich v Bounce Australia Pty Ltd is a rare example of a plaintiff's recovery of damages for personal injury failing due to the operation of the doctrine of volenti non fit injuria (volenti).

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