Topics: Insurance

Coynes Freight Management Group (Coynes) operated two warehousing businesses. Armik Group Pty Ltd imported vodka from overseas and arranged for its storage at one of the warehouses that was licensed to store underbond goods. The importation of the vodka attracted customs duty. One week after importation, 849 cartons of vodka

Cooper Grace Ward represented the interests of the defendants in this District Court action before Justice Searles in Toowoomba last year. A motor vehicle accident occurred after the plaintiff overtook the defendant’s vehicle at a T intersection and then stopped in the defendant’s path on two occasions before pulling over

A recent decision of the Full Court of South Australia has highlighted the extensive damages awards that can follow the supply of equipment that is not fit for the purpose contemplated by the buyer.

On 17 March 2010, the long debated and long awaited amendment bill became law. The Act is really something of a compromise, attempting to balance the interests of injured Queenslanders, while at the same time maintaining the financial viability of the schemes to which the Act applies. As with any

There is a perception that courts sometimes “bend over backwards” to assist self acting parties. Few would dispute the social utility of courts assisting self acting parties, provided that the interests of justice are not compromised. This case highlights however that courts will not shy away from applying sound legal

Westina Corporation Pty Ltd (Westina) was a haulage contractor trading under the name “Jamieson Transport”. In 2005 it hired a road train comprising a prime mover and three trailers to BGC Contracting (BGC) pursuant to the terms of a written “wet hire” agreement. The wet hire agreement obliged Westina to

Section 237 of the Workers Compensation and Rehabilitation Act 2003 (and its predecessor) has been the subject of much scrutiny over the years, and for good reason. This so called “gateway” section prevents an individual from seeking common law damages against an employer unless they fall within certain nominated exceptions.

Another amendment. Another loophole. That has been the story confronting workers’ compensation insurers over the last 13 years as they have campaigned for the removal of a claimant’s entitlement to gratuitous care damages. By November 2004 workers’ compensation insurers had thought they had finally seen the end of gratuitous care.

Hoteliers can breathe a little more easily thanks to the High Court’s recent rejection of two personal injury claims for damages totaling almost $1.2M. This comes on top of the Court’s same day rejection of a third claim arising from the death of an intoxicated patron, the subject of last

Earlier this year we reported on the outcome of this litigation before the Tasmanian Full Court. We said at the time that an intoxicated party recovering compensation will always grab a headline and that this case was no exception. Once again it has grabbed another headline.

Level crossing accidents attract a lot of media attention, usually because they involve serious injury and major damage. Litigation will often follow to recover damages for injury, property damage, loss of business profit or a combination of all these things.

For many years there has been tension between the legal principles governing the relationship between an employer and employee and those principles which govern the relationship between a principal and independent contractor.