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WA Insurance Round-Up - Issue 4
  • Hall & Wilcox
  • Australia
  • October 16 2017

Contents Case updates Court comments on roles and powers of arbitrators Action struck out where no common law election registered at WorkCover


The grass is always greener on the other side
  • Barry.Nilsson. Lawyers
  • Australia
  • October 12 2017

In June 2011, Mrs Holland tripped and fell whilst crossing the road at an intersection in Rosebery NSW. As a result, she injured her left elbow and


Mine operator successfully relies on contractual indemnity
  • Barry.Nilsson. Lawyers
  • Australia
  • October 4 2017

Clint Paskins (the plaintiff) sought damages for injuries sustained on 16 August 2013 at a mine operated by the first defendant, Hail Creek Coal Pty


Football Club, League and Council all liable for severe knee injury to junior AFL player
  • Barry.Nilsson. Lawyers
  • Australia
  • October 3 2017

Unsuccessful appeal by Football Club, League and local Council against finding of liability in negligence for failing to mark AFL boundary line an


Full Court reverses finding of negligence against a farmer and fencing contractor due to lack of evidence
  • Barry.Nilsson. Lawyers
  • Australia
  • October 3 2017

In June 2008, a gudgeon pin detached from a gate post attached to a fence containing cattle on a farming property beside a highway in Tasmania. As a


Supermarket not liable for customer’s slip on grape
  • Barry.Nilsson. Lawyers
  • Australia
  • September 22 2017

On 25 November 2012, the respondent slipped and fell on the floor of the fresh produce section of a supermarket operated and occupied by the


High Court considers the serious injury narrative test as it relates to transport accidents in Victoria
  • Barry.Nilsson. Lawyers
  • Australia
  • September 5 2017

This appeal by the TAC raised for consideration the application of the narrative test of serious injury for the purpose of s 93 of the Transport


Community go-karting event becomes a costly legal battle for organisers
  • Hall & Wilcox
  • Australia
  • September 5 2017

The plaintiff attended a conference presented by the first defendant (a church) in WA. The organisers decided to provide a go-karting activity in the


Supreme Court finds that ‘not every trip and fall is the result of someone else’s negligence’
  • Hall & Wilcox
  • Australia
  • August 28 2017

In June 2011, the plaintiff tripped and fell while crossing an intersection in Rosebery, NSW. She sought to recover damages from the City of Botany


Running on wet tiles - a shopping centre occupier’s duty to patrons
  • Barry.Nilsson. Lawyers
  • Australia
  • August 25 2017

NSW Court of Appeal affirms that foreseeable users of a shopping centre include those who may be inattentive or careless and a reasonable occupier