Holland v City of Botany Bay Council [2017] NSWSC 1120 What you need to know This Supreme Court judgment will be of interest to state and council road authorities, and their insurers. The decision provides clarification on when a roads authority (as opposed to “the” roads authority) can engage the special non-feasance protection under s45 […]
Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]
Banks and other institutions invest significant amounts of time and capital in building systems, processes and procedures to plan for untoward criminal activity to ensure their staff, customers and the public are safe. Wotton + Kearney has recently represented Westpac in a matter in the ACT Court of Appeal Roberts v Westpac Corporation [2016] ACTA […]
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 […]
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 […]
It is likely that the Wrongs Act Amendment Bill 2015 will soon pass through the upper house of the Victorian Parliament. If this occurs, the Wrongs Act 1958 will be amended and certain amendments will operate retrospectively.
The Victorian Government is again looking at making amendments to the Wrongs Act 1958 which will have important implications for insurers and the conduct of personal injury claims.
