Sidhoum v Minister for Education [2022] WADC 35 Key takeaways A school’s non-delegable duty of care extends to prevent students…
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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…
Waivers and extreme sports
Marks v Skydive Holdings Pty Ltd [2021] VSC 21 Key takeaways Where an organisation wishes to rely on a waiver…
Are all activities performed in a gym recreational? The court says no.
Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre [2020] NSWDC 264 Background On 4 February…
In accommodation settings, does ‘slippery when wet’ mean liable?
Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the…