Duty of care: new laws in Victoria for organisational child abuse

From 1 July 2017, a child abuse victim in Victoria will be able to avoid many of the historical impediments that would have previously prevented them from seeking legal redress. New laws have been passed in Victoria that impose a new duty of care on organisations exercising care, supervision or authority to take “reasonable precautions” […]

When there’s nothing wrong in having another crack

Andrew Seiter and Noa Zur discuss the implications of a recent decision by the Victorian Supreme Court of Appeal in Mitchell v Latrobe Regional Hospital [2016] VSCA 342. On 21 December 2016, the Court said the amendments to the Wrongs Act 1958 (Vic) which have retrospectively lowered the thresholds for spinal and psychiatric injuries to […]

Are we right? The Wrongs Amendment Act now passed in Victoria

The Wrongs Amendment Act 2015 has now passed through the Victorian Parliament and received Royal Assent. The retrospective amendments to the Wrongs Act 1958 remove some restrictions on entitlements to compensation for personal injuries and may substantially increase the entitlements of certain claimants in Victoria. Andrew Seiter (Partner) and Noa Zur (Senior Associate) have updated […]

Developments in labour hire liabilities

In Victoria workers who suffer a Serious Injury have a right to seek common law damages against the worker’s employer and, where applicable, against other negligent third parties. Such actions have been frequent in labour hire situations, e.g. where a temporary employee is placed with a host employer. Insurers will be aware of the frequency […]