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Victory for Child Sex Abuse Survivors

The High Court has delivered a decision that rings the bell on the appalling and disgraceful conduct of the Catholic Church in the way it deals with claims for damages of victims of child sexual abuse. The High Court’s decision serves as a salutary lesson to all institutions, including government departments, that they must reassess […]

Lets give older workers a fair go

Lets give older workers a fair go It is often said that the advancement of a society is measured in the way it treats its elders. If that be so, at least the State of New South Wales has some work to do. Arguably the State of New South Wales is in breach of the […]

Assessing damages when there is no actual loss

People who sustain personal injury as a result of the fault or negligence of a third party, are often left with disabilities that cause impairment of their earning capacity. Sometimes the extent of that impairment and the calculation of the resulting loss of income is difficult when the loss is not for example a simple […]

Jamal v Workers Compensation Nominal Insurer [2023] NSWCA 4

In April 2014 Mr Khaled Jamal was seriously injured while working in a small family run Mediterranean grocery store in Auburn, Western Sydney. Khaled was a cousin of the sole director of the company, Ms Jamal. In contravention of its obligations, the company did not hold a workers compensation policy. Companies who pay less than […]

Fair financial redress for abuse survivor

Fair financial redress for abuse survivor A recent decision of Justice Cavanagh of the Supreme Court highlights that survivors of childhood sexual and physical abuse suffer horrific permanent injuries for which Courts are prepared to award considerable damages. The identity of the survivor was suppressed under a non publication order. The survivor was a student […]

Defence of Necessity

Defence of Necessity I recently had the privilege of representing the driver of a motor vehicle that had collided with the fence at the Orange Court House, in turn causing damage to State Government property. The State of New South Wales sought significant costs associated with the repair of the fence based on an allegation […]

Experience Wins every time

An AFL Grand Final is an experience of a lifetime. The atmosphere is electric, and you leave in no doubt that you have been to a major event. The recent Grand Final between Geelong and Sydney was a non-event on the field, with Geelong absolutely destroying the Swans. Pundits were predicting the Swans would run […]

Medical Dispute with Icare and workers compensation Insurer

How long do I have to wait? When you are an injured worker waiting for a decision from Icare and the workers compensation insurer relating to your medical treatment on your workers compensation claim can be painful and emotionally draining.  You know you need the treatment to assist your recovery, so why wont Icare and the […]

Case Summary – AA V PD 2022

Case Summary – AA V PD 2022 AA v PD [2022] NSWSC 1039 On 5 August 2022 the New South Wales Supreme Court handed down a decision concerning the historical sexual abuse of AA (a pseudonym) by Phillip Doyle in 1972, when AA was a 16-year-old boy. At the time of the abuse AA was […]

But the treatment will help me recover!

The number of injured workers involved in disputes with icare and their employer regarding payment of medical treatment is on the increase. Medical and related treatment includes treatment by a medical practitioner, dentist, physiotherapist, chiropractor, osteopath, masseur and speech therapist.  It is also defined to include the provision of crutches, glasses and other artificial aids […]

It’s all in the numbers

The Australian Prudential Regulation Authority (“APRA”) is Australia’s regulator of banks, insurance companies and most superannuation funds. APRA regularly publishes data and statistics that provides insight into the management of Total & Permanent Disability (“TPD”) claims made by injured people against their superannuation funds. In the latest figures released by APRA, 12% of TPD claims […]

icare in the news again

 Many of our clients have recently received a letter from icare informing them that their weekly Workers Compensation payments may be incorrect.  This is an unsettling letter to receive. icare has found instances where Workers Compensation Insurers have calculated weekly payments incorrectly as early as October 2012.  The potential underpayments have been uncovered as part […]

The great (jab) debate

 On 5 August 2021, food manufacturer SPC, became the first Australian company to mandate that its staff be vaccinated against COVID-19, announcing that staff not vaccinated by November 2021 will be banned from entering any of its locations. In New South Wales, employers have a duty under the Work Health and Safety Act 2011 to […]

The standard of care owed by Councils to pedestrians

A Council owes pedestrians walking in public spaces a duty. The standard of that duty acknowledges that people walking outdoors should keep a proper lookout to detect and avoid imperfections in a surface. The standard of care acknowledges that it is in the nature of walking outdoors that the ground may not be as even, […]

When the injuries add up

The NSW Court of Appeal recently considered the circumstances in which the impact of multiple separate injuries can be combined to determine an injured worker’s whole person impairment. Assessment of an injured worker’s whole person impairment is critical in determination of their right to weekly benefits, medical and related treatments expenses, lump sum compensation and […]