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Searching Content indexed under Personal Injury by Gilchrist Connell ordered by Published Date Descending.
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Current uncertainty regarding the significant injury threshold exception in Victoria
Uncertainty as to whether the threshold for significant injury applies to liability claims relating to intentional acts.
Australia
24 Apr 2019
2
Do the Victorian Wrongs Act thresholds for non-economic loss apply to ACL claims?
A claimant in Victoria is precluded from claiming non-economic loss damages unless they suffer a 'significant injury'.
Australia
4 Feb 2019
3
Assessing reasonable measures is no childs play: applying section 5B of the Civil Liability Act 2002 (NSW) to allegations of breach
The overarching principles of negligence are based on what a reasonable person, not a perfect person, would have done.
Australia
13 Jul 2018
4
Obvious risks and trip hazards – The Thistle Company of Australia Pty Ltd v Bretz & Tam Faragher & Associates Pty Ltd [2018] QCA 6
Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.
Australia
20 Mar 2018
5
Limelight Issue No 78 – Revisiting delegation of duties and vicarious liability by occupiers
This SA decision reaffirmed that, with proper foresight, commercial occupiers can protect themselves from liability.
Australia
1 Nov 2017
6
Limelight No 77: How much evidence is needed to dislodge the evidence of an otherwise credible plaintiff?
In many personal injury cases, the plaintiff may be the sole source of evidence of the circumstances of an accident.
Australia
6 Oct 2017
7
A case of a balcony collapse: who is to blame?
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Australia
21 Sep 2017
8
Limelight Issue No. 73: Slip and fall in the supermarket
If a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.
Australia
8 Sep 2017
9
Limelight Issue No. 71: proportionate liability defence in a dependency claim
The defendant could not rely on the defence in the dependency claim made under the Compensation to Relatives Act 1987.
Australia
25 Aug 2017
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