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Obvious risk: The ‘ordinary experience’ test

Australia - August 9 2019 Raised edge. Trip and fall. Lawsuit. The Council argues it didn't need to do more. Who was right, and why? The Court of Appeal re-examines the…

Peter Ford

The more severe the injury, the lesser the entitlement: The paradox of Section 38A(1) of the Workers Compensation Act 1987

Australia - August 5 2019 The Court of Appeal has handed down the long-awaited decision of Hee v State Transit Authority dealing with the interpretation of the contentious…

Michael Poulos

Hole in one - Contractor escapes liability for risk of harm arising from plumbing job

Australia - July 3 2019 A landlord. A tenant. A plumbing issue. A contractor. An accident. Who is to blame, and why? The Court of Appeal answers these questions in Lloyd v…

Peter Ford

Did you hear? The Court of Appeal dismisses the employer’s application for leave in an industrial deafness claim

Australia - June 26 2019 Most of us are familiar with the causation test under Section 60 of the 1987 Act (in other words, whether the need for treatment was 'as a result of'…

Michael Poulos

The margin of error: Interpreting GP records in the Workers Compensation Commission

Australia - May 14 2019 Is an Arbitrator in the Workers Compensation Commission entitled to discredit the GP's contemporaneous records in determining that a frank injury was…