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Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.   
Blog

Are you allocating the right breaks?

When it comes to workers’ rights and paid rest breaks, the Federal Court recently ruled that workers have a “workplace right” to toilet breaks and to drink water while in the workplace.  Why is this important for employers and HR professionals?
Media & Podcasts

Marine Insurance Act Under Review - Hicksons Maritime law specialist Derek Luxford on ANZIIF

The Maritime Law Association of Australia and New Zealand (MLAANZ) has drafted a bill to significantly amend the Commonwealth Marine Insurance Act 1909 (MIA).
  • 15 Jun 2018

Blog

Gold and Good faith – County Court rejects an insurer’s denial of claim on the basis of fraud

The County Court of Victoria recently considered a case involving a range of insurance issues, including what is required to substantiate a claim, the duty of utmost good faith, fraud and the application of s54 of the Insurance Contracts Act 1984 (Cth) (“ICA”).
  • 27 Feb 2018

Blog

Reasonably perfect – an occupier’s duty of reasonable care

Proceedings in the District Court of NSW against Woolworths Limited as the operator and occupier of the supermarket, claiming damages for injuries sustained.
Blog

Primacy of Primary Insuring Clause

Schmidt J of the NSW Supreme Court has reminded us of the importance of examining the terms of the primary insuring provisions of policies in determining whether they respond.  This examination includes a requirement that the policy be interpreted to give it a business like interpretation.
Blog

Limitation period changes for child abuse actions may lead to spike in claims

In New South Wales (NSW) there is no longer any limitation period for past, present or future child abuse actions.

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