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Recent Publications
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Date: 19 Aug 2010
Recent decisions regarding procedure and costs
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Date: 13 Aug 2010
Recent decisions regarding liability, procedure & costs and medical expenses
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Date: 05 Aug 2010
The Supreme Court of New South Wales recently allowed two appeals from a decision of a Magistrate in respect of property damage claimed as a result of a motor vehicle collision. The collision involved a BMW motor vehicle owned by Pabi Holdings Pty Ltd and driven by Parrai Bitsikas and two vehicles belonging to the NSW Police Force which were driven by police officers.
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Date: 03 Aug 2010
In light of CAMAC’s report in 2009, the ASX CGC concluded that the Principles should be amended to promote greater diversity, particularly gender diversity, in the workforces and boards of ASX-Listed companies.
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Date: 03 Aug 2010
Recent decisions regarding liability and permanent impairment
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Date: 02 Aug 2010
General Insurance update
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Date: 02 Aug 2010
Having determined that Larrikin Music Publishing (Larrikin) was entitled to damages under the Trade Practices Act 1974 (Cth) for the respondents’ misrepresentations, the latest round of proceedings in Kookaburra centred on the determination of the percentage of that interest, and any other entitlement that Larrikin might have, to collecting society income (Australasian Performing Right Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS)) in relation to the exploitation of 1979 and 1981 versions of “Down Under”.
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Date: 23 Jul 2010
The Corporations Amendment (Corporate Reporting Reform) Act 2010 (Cth) (Amendment Act) received Royal Assent on 28 June 2010. The Amendment Act amends the provisions of the Corporations Act 2001 (Cth) (Act) with respect to financial reporting obligations of companies limited by guarantee and parent entities, the mechanisms by which a financial year end date can be changed and the distribution of dividends. These changes, excluding those applicable only to companies limited by guarantee, are described in more detail.
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Date: 23 Jul 2010
Recent decisions regarding liability, incapacity and permanent impairment
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Date: 19 Jul 2010
Recent decisions regarding liability, exclusions (reasonable disciplinary action) and incapacity
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Date: 16 Jul 2010
Daryl Wells (the plaintiff) was bicycle riding with a friend on the morning of 26 November 2006. The pair cycled along a pathway, intending to enter a public park. There was no prohibition on riding bicycles in the park or on the pathway.
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Date: 14 Jul 2010
The new Australian Foreign Investment Policy was published by the Foreign Investment Review Board (FIRB) on 30 June 2010. There are certain noteworthy differences between the New Policy and the previous foreign investment policy which was published in April 2007. These changes relate to investments by foreign governments, foreign investments in the media sector and the factors that play a part in whether a proposal is deemed to be contrary to Australia’s national interest.
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Date: 05 Jul 2010
On 18 May 2010, the Federal Court of Australia gave consideration to the question of an insured’s duty of disclosure pursuant to section 21 of the Insurance Contracts Act 1984 (Cth) (Act) and an insurer’s exclusion of liability from indemnifying the insured for the value of a written off car where the insured was “under the influence of intoxicating liquor”.
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Date: 21 Jun 2010
On 16June 2010, the Full Court of the High Court of Australia considered the question of the entitlement of rescuers who come across the aftermath of an accident to damages, in light of the mental harm provisions of the Civil Liability Act 2002 (NSW).
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Date: 10 Jun 2010
Recent decisions regarding liability
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Date: 03 Jun 2010
Recent decisions regarding: liability, exclusions, incapacity and permanent impairment
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Date: 02 Jun 2010
Insurance Update - Commercial Lines June 2010
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Date: 02 Jun 2010
General Insurance Update June 2010
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Date: 25 May 2010
Recent decisions regarding liability and permanent impairment
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Date: 19 May 2010
Recent decisions regarding liability.
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Date: 17 May 2010
Recent decisions regarding medical expenses.
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Date: 17 May 2010
Twitter (and other Internet social media sites) raise a thorny issue for employers. It is one thing for employers to block the use of social networking sites from work computers and many do this but to what extent can or should an employer control or influence an employee’s private use of social networking?
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Date: 11 May 2010
The Government has now released draft legislation to implement its paid parental leave scheme.
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Date: 05 May 2010
Employers and their representatives must be careful to follow the new provisions in the Fair Work Act 2009 (Cth) when making and lodging an enterprise agreement, or they risk having their proposed agreements rejected by Fair Work Australia (FWA).
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Date: 05 May 2010
Recent decisions regarding: liability, exclusions, procedure & costs, incapacity, permanent impairment, medical expenses and rehabilitation
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Date: 30 Apr 2010
On 22 April 2010 the High Court of Australia delivered judgment in Tabet v Gett [2010] HCA 12. This much anticipated decision upheld a NSW Court of Appeal and in essence abolished loss of a chance cases for medical negligence and other personal injury claims in Australia.
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Date: 27 Apr 2010
Recent decisions regarding: liability, exclusions, procedure & costs, incapacity and medical expenses
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Date: 20 Apr 2010
Recent decisions regarding: liability, exclusions and permanent impairment
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Date: 08 Apr 2010
Recent decisions regarding: liability, exclusions, section 6A: unintentional consequences, journey claims, procedure & costs, incapacity, permanent impairment and medical expenses
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Date: 24 Mar 2010
The Administrative Appeals Tribunal has recently clarified the law as it relates to when an employee is considered to be on duty while temporarily absent from their employment. DibbsBarker, on behalf of Comcare, successfully argued that a Federal Police officer was not on duty when he suffered an injury during a soccer match at the Australian Police & Emergency Services Games.
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Date: 12 Mar 2010
Justice Robert McDougall recently handed down his judgment in proceedings brought by Resource Equities Limited (REL) against two former directors. The judgement puts Directors on notice as in addition to imposing civil penalties under the Act, the courts can refer matters to ASIC and criminal proceedings may be considered.
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Date: 05 Mar 2010
Recent decisions regarding: liability, exclusions, section 6A: unintentional consequences, journey claims, jurisdiction, procedure & costs, notice provisions & time limits, recovery of compensation, incapacity, permanent impairment, medical expenses, rehabilitation, aids and appliances and household assistance
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Date: 01 Mar 2010
Recent decisions regarding: liability, exclusions, section 6A: unintentional consequences, journey claims, jurisdiction, procedure & costs, notice provisions & time limits, recovery of compensation, incapacity, permanent impairment, medical expenses, rehabilitation, aids and appliances and household assistance
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Date: 22 Feb 2010
Recent decisions regarding: liability, exclusions, section 6A: unintentional consequences, journey claims, jurisdiction, procedure & costs, notice provisions & time limits, recovery of compensation, incapacity, permanent impairment, medical expenses, rehabilitation, aids and appliances and household assistance
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Date: 17 Feb 2010
In this edition:
- "Other insurance" clause can operate against a "beneficiary"
- Fraud "card" does not need to be laid on the table
- Excess does not need actual payment
- Unsuitability is not a "defect"
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Date: 11 Feb 2010
Recent decisions regarding: liability, exclusions, section 6A: unintentional consequence, journey claims, jurisdiction, procedure & costs, notice provisions & time limits, licensees' liability, recovery of compensation, incapacity, permanent impairment, medical expenses, rehabilitation, aids and appliances and household assistance
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Date: 11 Dec 2009
In this edition:
-Passing motorist not a "neighbour"
-"Dangerous recreational activity" at a wine show?
-Licensees catch a break
-Causation in shooting case shot down
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Date: 08 Dec 2009
This is a significant judgment regarding insurers being able to rely upon other insurance provisions to decline coverage.
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Date: 04 Dec 2009
In this edition:
Seeds of doubt
Profits do not offset losses in business interruption policy
Common director does not make companies "related"
A valuable contribution
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Date: 24 Nov 2009
Recently decided case law and topical news items relating to professional indemnity and negligence
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Date: 20 Nov 2009
This is an interesting judgment regarding care and assistance. The ramifications of this judgment are limited in scope, but of a very practical nature.
This case is relevant to circumstances where a plaintiff who receives gratuitous care of a quantity below the section 128 threshold claims future commercial care in place of that gratuitous care.
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Date: 20 Nov 2009
In two recent decisions, the High Court has set out clearly the difficulties which plaintiffs face in suing licensed premises for harm arising out of recreational alcohol consumption.
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Date: 11 Nov 2009
Recently decided case law, topical news items and legislative updates in the the Employer liabilitly sector
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Date: 07 Oct 2009
The decision of the High Court in Fellowes v Military Rehabilitation & Compensation Commission has provided new authority on the interpretation of the Guide to the Assessment of the Degree of Permanent Impairment.
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Date: 01 Oct 2009
In this edition:
Light relief for clubs;
Statutory power does not automatically mean duty of care;
“Passive” contribution can still be major; and
Lifesavers saved
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Date: 22 Sep 2009
What's News in Professional Indemnity, Negligence
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Date: 17 Sep 2009
On 2 September a joint decision of the High Court (comprising Chief Justice French and Justices Gummow, Hayne, Heydon and Bell) was handed down in this matter which serves to clarify further the legal liability of principal contractors to employees of sub-contractors in terms of occupational health and safety education and training.
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Date: 01 Sep 2009
In this edition:
Westpoint fallout snares insurer;
Court declines to re-write loan exclusion clause;
Broker’s duties “extended” to premium; and
Driving misrepresentations not “fraud”
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Date: 01 Sep 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Licensees' liability, Recovery of compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 27 Aug 2009
DibbsBarker article in the Journal of Law & Medicine
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Date: 18 Aug 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Licensees' liability, Recovery of compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 11 Aug 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Licensees' liability, Recovery of compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 10 Aug 2009
On 5 August 2009, the High Court of Australia delivered judgement in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, essentially overruling the well-known case of Queensland v J L Holdings (1997) 189 CLR 146 and redefining the scope for parties seeking to amend their claims and defences once Court proceedings have been commenced.
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Date: 05 Aug 2009
The decision in Grixti v Linfox Australia Limited provides clarity to self insureds under the Comcare scheme as to their possible financial exposure to pre-license liabilities and is consistent with the High Court’s 2007 decision in Andrews - that is, the SRC Act (as far as it can) preserves a worker’s pre-license entitlements under State and Territory workers compensation legislation.
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Date: 04 Aug 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Licensees' liability, Recovery of compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 28 Jul 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Recovery of Compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 14 Jul 2009
Recent decisions regarding: Liability, Exclusions, Section 6A: Unintentional Consequence, Journey Claims, Jurisdiction, Procedure & Costs, Notice provisions & Time limits, Recovery of Compensation, Incapacity, Permanent impairment, Medical expenses, Rehabilitation, Aids and appliances and Household assistance
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Date: 22 Jun 2009
In this edition:
Swings and roundabouts;
Does “negligent prosecution” exist?;
Cleaner not responsible for lack of barricades; and
Danger signs
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Date: 15 Jun 2009
This case note, published in the Australian Health Law Bulletin, will examine further the recent decision of Gett v Tabet from the New South Wales Court of Appeal.
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Date: 12 Jun 2009
Our era is witness to the steady advance of medical technology. New procedures permit doctors to enhance their understanding of a patient’s disabilities beyond previously accepted constraints. Many of these procedures might be considered invasive, potentially harmful or unpleasant.
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Date: 18 May 2009
In this edition:
Claims made conundrum;
“Precautions” don’t equate to “construction;”
Occurrence = action; damage = consequence; and
Interest after refusal to pay claim – s.57 Insurance Contracts Act
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Date: 14 Apr 2009
Loss of the chance – denial of recovery of damages for possibilities and lost chances – Gett v Tabet [2009] NSWCA 76
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Date: 08 Apr 2009
Update on the existing article from 15 December 2008.
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Date: 31 Mar 2009
New uncertainties in personal injury limitation periods
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Date: 18 Mar 2009
General Insurance News
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Date: 15 Dec 2008
This month's Insurance Update looks at recent case updates on areas of interest to commercial insurers nationally.
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Date: 14 Nov 2008
This month's Insurance Update looks at recent case updates on a range of insurance issues that would be of interest to insurers nationally.
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Date: 21 Oct 2008
This month's Insurance Update looks at recent case updates on areas of interest to commercial insurers nationally.
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Date: 29 Aug 2008
This month's Insurance Update looks at recent case updates on a range of insurance issues that would be of interest to insurers nationally.
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Date: 21 Aug 2008
On 6 August 2008, the High Court of Australia handed down its decision in the matter of Hearne v Street [2008] HCA 36.
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Date: 19 Aug 2008
This appeal to the High Court of Australia concerned the interpretation and application of an exclusion clause in a policy of professional indemnity insurance.
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Date: 31 Jul 2008
This month's Insurance Update looks at recent case updates on areas of interest to commercial insurers nationally.
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Date: 09 Jul 2008
This question was considered in a recent District Court decision of Nieweglowski v Navascues, in which Dibbs Abbott Stillman represented the defendant on behalf of Allianz Australia Insurance Ltd.
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Date: 17 Jun 2008
In two recent Magistrates' court decisions, Dibbs Abbott Stillman acted on behalf of Woolworths Limited, where the issue addressed was 'when is it reasonable to detain a suspected shoplifter?'.
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Date: 06 Jun 2008
is month's Insurance Update looks at recent case updates on areas of interest to insurers nationally.
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Date: 24 Apr 2008
Are you sitting on a hoard of potentially valuable .au domain names that you no longer use? Do you secretly covet a .au domain name held by someone else? You may be able to benefit from an upcoming change in the policies governing the transfer of .au domain names.
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Date: 29 Feb 2008
This month's Insurance Update looks at recent case updates on areas of interest to insurers nationally.
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Date: 29 Nov 2007
This month's Insurance Update looks at recent case updates on areas of interest to commercial insurers nationally.
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Date: 30 Oct 2007
This month's Insurance Update looks at recent case updates on areas of interest to commercial insurers nationally.
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Date: 31 Aug 2007
This month's update looks at qualifications on professional advice, in addition we look at theft of money as "property damage", we look at a case involving reasonable precations and another case involving public liability cover. We also address the concept of "known circumstances", and lastly we look at a case involving failure to disclose information.
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Date: 31 Jul 2007
This month's update looks at a number of cases in the general insurance law area. The first case looks at recovery clauses in a driver protection policy, secondly we look at the legal doctrine of res ipsa loquitur, In addition we address the duty of care owed by a retailer to a consumer, we look at more council liability, a case involving a dentist's negligence, and lastly a case involving non-delegable duty of care owed to the employee of an independent contractor.
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Date: 22 May 2007
This month's general insurance update looks at a number of cases involving pertinant issues in the insurance law area. We look at a case involving the calculation of discounts, we look at the issue of a school's liability in relation to bullying, we look at a case involving a accident in a stair well and case involving defective design and proffesional breach. We also look at a couple of cases involving negligence and duty of care.
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Date: 23 Apr 2007
This month's update looks at recent decisions which impact the insurance industry.
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Date: 20 Apr 2007
The High Court has recently clarified 2 aspects of quantum assessment in CTP claims: the manner in which contributory negligence affects paid section 83 expenses; whether projected or historical life tables are to be used when estimating life expectancy.
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Date: 04 Apr 2007
The NSW Court of Appeal has recently clarified the status of a section 81 notice admitting liability and its affect upon subsequent proceedings where the defence contains a denial of liability. The law as formulated by McLoughlin DCJ in Ness v Graffen has been specifically overruled and the NSW Court of Appeal's decision is welcome relief to CTP insurers who were being unfairly restricted by section 81 notices.
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Date: 28 Mar 2007
This month's update looks at various pertinent issues including the idea of non-delegable duty of care, a case involving a 'failure to repair' claim, we look at a case with a dispute involving a vintage car, we assess a decision of the NSW Court of Appeal involving a conflict between workers' compensation law and tort law, we asses the latest news in the endless battle over injuries sustained on licensed premises and lastly we look at a couple of cases involving legal short cuts.
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Date: 27 Feb 2007
This month's update looks at a number of issues including the "real intention" of an insurance policy, a recent decision in the Supreme Court of Queensland in relation to co-insurance arrangements, a decision by the superannuation complaints tribunal,
claiming for "extravagant" repairs, jurisdiction in reinsurance disputes, and lastly our update addresses the need for insurers to beware in proportionate liability.
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Major Australian Ski Resort
DibbsBarker acted on behalf of a major Australian ski resort operator following the mechanical failure of a Double Chair Lift in 1997. We acted for the client on the defence of prosecution proceedings... more
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