Metropolitan Health Service v Sturm [2022] WASC 316 Key takeaways A contractual dispute resolution clause may be unenforceable for uncertainty…
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Regulation of Education and Care Providers: the Department of Communities in WA takes a stricter approach to compliance actions
Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in…
All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions
QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a…
Keeping an eye out: taking reasonable precautions to prevent a risk of harm materialising
Sidhoum v Minister for Education [2022] WADC 35 Key takeaways A school’s non-delegable duty of care extends to prevent students…
Gravel is slippery – isn’t that obvious?
Gladstone v Public Transport Authority of Western Australia [2022] WADC 6 Key takeaways A reasonable person in the position of…
Mind your Ps and safety first!
Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated:…
The importance of health practitioners’ compliance with public health policies and directions
Brief Context In Nursing and Midwifery Board of Australia v Bergin [2022] VR 4, a registered nurse (Practitioner) was found…
Help, my employer is suing me for negligence!
Beri Distributors Pty Ltd v Mossensons Pty Ltd [2022] WADC 30 Key takeaways Professionals are liable to repay fees to…
Can My Replacement Vehicle be a Beamer? Damages for Loss of Use for Tortious Damage to Property
Damages for ‘loss of use’ of a chattel has for many years been an unsettled area of the law, pleaded…
ACCC alleges SmileDirectClub misled consumers regarding health insurance reimbursements for clear teeth aligners
On 12 July 2021, the Australian Competition & Consumer Commission (ACCC) instituted proceedings in the Federal Court of Australia against…
Commercial Occupiers: What is expected of them to keep premises safe?
Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308 Key takeaways An occupier of commercial premises does not have a…