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Searching Content indexed under Trials & Appeals & Compensation by HopgoodGanim ordered by Published Date Descending.
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Date
1
Occupiers liability: clear warnings required to alleviate risks associated with guest use of recreational facilities
Occupiers are required to install clear warnings to patrons utilising recreational facilities at their premises.
Australia
9 Mar 2017
2
Contributory Negligence: The law helps those that help themselves (and reduces damages for those that don't)
Despite her success, the NSW court reduced the damages payable to the plaintiff by 50% for contributory negligence.
Australia
26 Sep 2016
3
Claims for costs of owner's time
Costs for the time spent in preparing a compensation claim are potentially recoverable but only in certain circumstances.
Australia
15 Jul 2016
4
Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?
The Court allowed an extension of the statutory limitation period for a belated claim of damages from medical negligence.
Australia
7 Jul 2016
5
Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding
The Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.
Australia
27 Jun 2016
6
Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed
The case confirms that the assessment of past and future hypothetical facts must be done on the degree of probability.
Australia
17 Apr 2016
7
The Big Spill: Damages for contamination to land
This recent decision highlights the importance of particularising claims for damages at an early stage of proceedings.
Australia
11 Mar 2016
8
Slippery steps a source of strife - duty of care - 15 September 2015
Home owners in Queensland with regular workers or carers should consider obtaining a Household Workers' Insurance Policy.
Australia
17 Sep 2015
9
Worker who caused his own injury was denied damages - 11 September 2015
Causation remains an essential element of any claim in negligence against an employer, as shown in this recent decision.
Australia
16 Sep 2015
10
Husband succeeds on causation over wife’s death on appeal
Public authority immunities will not always be invoked, particularly if the authority's actions have been unreasonable.
Australia
 
6 Oct 2014
11
Employer and boat cruise operator escape liability for attack on the high seas
The claim for damages against the boat cruise operator and the employer by a worker on a Christmas cruise was dismissed.
Australia
 
8 Sep 2014
12
What´s In Store For 2009: A Super Tribunal?
Currently the Commercial and Consumer Tribunal (CCT) has jurisdiction to hear certain domestic and commercial building disputes.
Australia
 
7 Jan 2009
13
Negligent Driver Not Liable For Passenger´s Suicide
In the recent decision of Sarkis v Summit Broadway Pty Ltd, the New South Wales Court of Appeal was asked to consider whether the negligent driver of a motor vehicle and the CTP insurer could be held liable in damages for the subsequent suicide of a passenger who had suffered an injury in the subject accident.
Australia
 
24 Apr 2007
14
Ruling Limits Council’s Liability
A decision handed down by the High Court of Australia on 27 February 2007 will have wide implications nationally for the extent of Local Government's liability.
Australia
 
18 Apr 2007
15
Maintaining Legal Professional Privilege
The rationale of legal professional privilege, according to the traditional doctrine, is that it promotes the public interest because it assists and enhances the administration of justice by facilitating the representation of clients by legal advisors, the law being a complex and complicated discipline…
Australia
5 Apr 2007
16
Director’s Liability: Workplace Injuries
Today, when someone is injured at your workplace, there is no longer a single piece of legislation that you need to refer to. You could have someone injured that works for you, is an invitee, is a sub-contractor or an employee of a labour hire agency.
Australia
25 Mar 2007
17
Re "Xstrata Coal Queensland Pty Ltd & Ors" [2007] QLRT 33
The Queensland Conservation Council (QCC) recently mounted a legal challenge to Xstrata Coal's plans to extend its Newlands coal mine in central Queensland. The case raises some significant legal and factual issues regarding the causative link between coal mining and global climate change.
Australia
 
18 Mar 2007
18
Planning Litigation: Overview, Trends And Recent Decisions
We have been asked to address the subject of planning litigation and to talk about the changes and trends in the procedures for planning appeals and Court decisions over the past 12 months.
Australia
31 Oct 2006
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