Gillis Delaney - News Brief

By: Gillis Delaney Lawyers  09-Dec-2011
Keywords: Employment Law, Feature Article


Welcome to Gillis Delaney Newsbriefs. GD NEWS brings to you up to date information on the latest developments in insurance law, employment law and occupational health and safety. We can be contacted at any time for more information on any of our articles.

In our November2011 edition our articles examine proposed reforms in Privacy Laws in Australia, changes to the NSW Home Warranty Insurance Scheme and recent judgements impacting on the insurance industry.

In our October 2011 edition our feature article examines the recently released draft model legislation that when finalised will result in national consistency in proportionate liability laws.

In our September 2011 edition our feature article examines the Victorian Court of AppealÂ’s recent decision dealing with the application of professional service exclusion clauses in Products and Public Liability policies.

In our August 2011 edition our feature article examines the NSW Court of Appeal's recent decision dealing with limitation periods and building claims.

In our July 2011 edition our feature article examines the concept that you may well not owe a duty of care to a person when they know of the risk.

In our June 2011 edition our feature article examines an insurer's entitlement to recover monies after a settlement has been paid where the insurer has been misled by a claimant.

In our May 2011 edition our feature article examines the current status of legislative developments concerning the management of the pre-litigation process in various jurisdictions in Australia.

In our April 2011 edition our feature article examines the responsibiility of a stockbroker for the advice that they provide in relation to funding share transactions.

In our March 2011 edition our feature article examines the NSW Court of Appeal's recent decision that determined that head contractors owe a duty to contractors to provide a safe worksite and inspect sites before new contractors come on to site - is this a chink in the Leighton v Fox armoury of headcontractors against personal injury claims brought by employees of independent contractors engaged to perform work on site.

In our February 2011 edition our feature article examines the NSW Court of Appeal's recent decision that has confirmed that a labour hirer's liability to its employees is a strict liability and the labour hirer may be vicariously liable for the actions of a business to whom the services of the employee have been lent.

In our January 2011 edition our feature article examines the NSW Court of Appeal's recent decision that has confirmed that in NSW a statutory authority exercising its powers is immune from liability unless the act or omission in the exercise of its special authority is so unreasonable that no reasonable authority could ever come to exercise its authority that way.

In our December 2010 edition our feature article examines the High Court's consideration of the impact of efficacy exclusion clauses in broadform liability insurance policies.

In our November 2010 edition our feature article examines the High Court's decision that deals with the concept of misleading and deceptive conduct when a certificate of currency is issued.

In our October 2010 edition our feature article examines the Queensland Court of Appeal's decision that deals with the obligations on an insurer to unequivocally elect to repair property when it seeks to exercise an option in the insurance contract to repair rather than replace damaged property.

In our September 2010 edition our feature article examines the NSW Court of Appeal's decision that deals with the rights of the owner of property to delegate responsibility for the saftety of the property to others.

In our August 2010 edition our feature article examines the NSW Court of Appeal's decision that extends the application of the High Court's decision in Leighton v Fox to the labour hire industry noting principals that use labour hirers are not necessarily liable for injuries to employees of the labour hire business.

In our July 2010 edition our feature article examines the High Court's recent decision that deals with the rights of rescuers to bring damages claims for psychological injury sustained as a result of witnessing the aftermath of an accident.

In our June 2010 edition our feature article examines the NSW Court of Appeal's recent decision that deals with the interim payment of damages in claims where liability is contested.

In our May 2010 edition our feature article examines the High Court's recent decision that has confirmed that the loss of a chance of a better outcome does not give rise to a claim of damages in a medical negligence claim.

In our April 2010 edition our feature article examines the proposed changes to consumer laws introduced into Parliament last month including the "unfair term provisions" that will apply to consumer contracts.

In our March 2010 edition our feature article examines the NSW Supreme Court's recent decision concerning claimants who seek payment of interim damages whilst their case is pending.

In our February 2010 edition our feature article examines the NSW Court of Appeal's recent decision that considered the ramifications of the High Court's decison in Leighton v Fox when the Court considers the liability of a Principal on a construction site for injuries caused during construction works.

In our January 2010 edition our feature article examines the High Court's recent decision that has confirmed that "other insurance" clauses in insurance contracts are not void by virtue of section 45 of the Insurance Contracts Act provided the insured is not a party to that other insurance.

In our December 2009 edition our feature articles examine two recent High Court decisions that will impact on proprietors and licensees of licenced premises as well as recent developments in NSW with applications for interim payment of damages.

In our November 2009 edition our feature articles examine recent developments that will impact on litigation funders and the High Court' recent decision which clarifies the the way that a Court must approach the question of what is foreseeable when determining the existence and scope of a duty of care, breach of the duty, and remoteness of damage.

In our October 2009 edition our feature article examines the recent High Court decision which addresses the responsibility that a principal has for its independent contractors. We also have a special edition with the latest on National harmonisation of OH&S laws and the release of the proposed Model OH&S laws.

In our September 2009 edition our feature article examines the recent Court of Appeal decision which has sounded a warning to purchasers of property that home warranty insurance may not cover claims for defects due to defective building works when the purchaser has full knowledge of the defects when the property is purchased.

In our August 2009 edition our feature article examines the recent Court of Appeal decision noting that an employer's duty of care will operate differently where risks arise during the course of employment from premisies attended by the employee where the employer has no control over the premises.

In our July 2009 edition our feature article examines the recent Federal Court award of in excess of $400,000 in a sex discrimination claim.

In our June 2009 edition our feature article examines the proposed regulation of "Unfair Contract Terms" in standard form contracts to be implemented by amendments to the Trade Practices Act which are planned to apply to standard form contracts entered into or varied after 1 January 2010.

In our May 2009 edition our feature article examines the changes flowing from the Fair Work legislation including the transitional arrangements that come into effect from 1 July 2009.

In our April 2009 edition our feature article examines the Court of Appeal's recent decision concerning the liability of licenced premises for the criminal actions of patrons.

In our March 2009 edition our feature article examines two recent Court of Appeal decisions concerning the liability of hotels and security service providers for assaults on patrons. We also have a special edition with the latest on National harmonisation of OH&S laws.

In our February 2009 edition our feature article examines the recent Court of Appeal decision concerning the immunity against claims available to Road Authorities.

In our January 2009 edition our feature article examines the Fair Work Bill recently introduced to Parliament by the Federal Government.

In our December 2008 edition our feature articles examine the NSW Court of Appeal's recent judgment dealing with the concept that a contractor may have a non-delegable duty of care as well as the impact of professional advice and advice for fee exclusions in public liability and product liability insurance.

In our November 2008 edition our feature article examines the NSW Court of Appeal's recent judgment dealing with professional indemnity claims for construction risks.

In our October 2008 edition our feature article examines the Federal Government's recently announced Fair Dismissal Code for small business and potential changes to unfair dismissal laws.

In our September 2008 edition our feature article examines a recent NSW Court of Appeal decision that dealt with a personal injury claim brought by an employee against their employer where the employee alleged that they were an independent contractor.

In our August 2008 edition our feature article examines two recent NSW Court of Appeal decisions that deal with the liability of Councils and Road Authorities.

In our July 2008 edition our feature article examines the NSW Court of Appeal's recent decision that deals with liability for dangerous recreational activities in personal injury claims.

In our June 2008 edition our feature article examines the NSW Court of Appeal's recent decision that will fundamentally change the method of calculation of damages for gratuitous care in personal injury claims.

In our May 2008 edition our feature article examines a recent decision of the NSW Industrial Relations Commission which deals with rights of reinstatement and terms of compensation available to terminated injured workers in NSW. The decision is sure to sound a warning to all employers.

In our April 2008 edition our feature article examines the Federal Government's new workplace relations legislation which takes the first step in the dismantling of Workchoices.

In our March 2008 edition our feature article examines the NSW Court of Appeal's recent decision dealing with the liability of an insurer for hail damage under a commercial business policy.

In our February 2008 edition our feature article examines the NSW Court of Appeal's most recent decision dealing with liability of employers and those who use labour hire for harrassment and discrimination in the workplace.

In our January 2008 edition our feature article examines the NSW Court of Appeal's most recent decision dealing with personal responsibility and obvious risk in trip and fall claims.

In our December 2007 edition our feature article deals with two recent NSW Court of Appeal decisions that examine the liability of a security company when action is taken to eject a customer from an establisment.

In our November 2007 edition we examine recent decisions in liability claims from the NSW Court of Appeal and our employment articles examine the impacts that drug and alcohol consumption can have in the workplace.

In our October 2007 edition our feature article examines the High Court's recent decision concerning the duty owed by insurers when considering their position on indemnity and questions of good faith which arise.

In our September 2007 edition our feature article examines the Court of Appeal's recent decision concerning a bad faith claim brought against a workers compensation insurer in relation to the management of a compensation claim.

In our August 2007 edition our feature article examines the Court of Appeal's recent decision dealing with the rights of an employee of a transport contractor against a supplier that engaged the contractor.

In our July 2007 edition our feature article examines the Court of Appeal's recent decision dealing with the rights of a party to bring a claim pursuant to the Law Reform Miscellaneous Provisions Act against an insolvent companies' insurer to recover the insurance proceeds from a claims made or a claims made and notified policy.

In our June 2007 edition our feature article deals with the High Court's recent decision dealing with a damages claim for PTSD brought against the NSW Police Service and the High Court's consideration of the forseeability test in Wyong Shire Council v Shirt.

In our May 2007 edition our feature article deals with the Court of Appeal's recent decision that upheld a worker's right to bring a claim against his employer under the Trade Practice Act which will not be effected by the Work Injury Damages regime in NSW.

In our April 2007 edition our feature articles deal with the High Court's rejection of the concept of non-delegable duties for road authorities and the High Court's acceptance of the Commonwealth Government's decision to allow Optus to opt out of the Victorian Workers' Compensation regime.

In our March 2007 edition our feature articles deals with the NSW Court of Appeal's recent decisions concerning the liability of a Council arising from the failure to repair a roadway and a hoteliers liability to his patrons injured in a fracas.

In our February 2007 edition our feature article deals with the NSW Court of Appeal's recent decision concerning the liability of an architect for cost blowouts in renovations.

In our January 2007 edition our feature article deals with the NSW Court of Appeal's recent decision concerning the extent of cover offered by a product liability insurance policy where personal injury claims are made against the retailer and the retailer sues the wholesaler in contract.


In our December 2006 edition our feature article deals with the issues that confront a Council when sporting facilities are provided for community use.

In our November 2006 edition our feature article deals with the issue of obvious risk in personal injury claims.

In our October 2006 edition our feature article deals with the recent High Court decision dealing with litigation funding and class actions.

In our September 2006 edition our feature article deals with issues that confront companies that utilise labour hire.

In our August 2006 edition our feature articles deals with the Independent Contractors Bill that was recently introduced into parliament by the Federal Government.

In our July 2006 edition our articles deal with the rights of entry to workplaces and OH&S obligations as well as recent decisions concerning what amounts to an obvious risk.

In our June 2006 edition our feature article deals with a principals liability for the actions of a contractor and proposed OH&S legislative change in NSW.

In our May 2006 edition our feature article deals with a number of recent decisions concerning liability for harm caused by Local Councils.

In our April 2006 edition our feature article deals with a recent decision concerning liability for harm caused as a result of dangerous recreational activities.

In our March 2006 edition our feature article deals with a recent decision involving an accident on a construction site which resulted in injuries to two employees, damages claims against the owner of the site and a supervisor that was engaged by the owner and a denial of indemnity by the insurer.

In our February 2006 edition our feature article deals with the recent NSW parliamentary report dealing with proposed tort reform.

In our January 2006 edition our feature article deals with with one of the problems that may confront police in Australia when dealing with criminal activity.


In our December 2005 edition our feature article deals with an employers liability for victimisation if workplace tension is left to sort itself out.

In our November 2005 edition our feature article deals with a High Court decision concerning the obligations of a Local Council to provide warnings to members of the public.

In our October 2005 edition our feature article deals with the Federal Governments inquiry into independent contractors and the labour hire industry.

In our September 2005 edition our feature article deals with a record damages award arising from workplace bullying.

In our August 2005 edition our feature article deals with the NSW Court of Appeal's recent decision concerning obligations of an owner's corporation in a strata unit complex.

In our July 2005 edition our feature article deals with the High Court's recent decision concerning DVT litigation in the airline industry.

The information in this article was current at 09 Nov 2011

Keywords: Employment Law, Feature Article

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