Oliver Gilmour recognised as a finalist for the...

Committed to investing in the growth of our people, Hicksons Lawyers is proud to share that Associate Oliver Gilmourhas been recognised as a finalist for the Lawyers Weekly 30 Under 30 Awards for 2025 in the Employment and Workplace Relations, Health and Safety category.

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Blog

The Aged Care Act: A New Age for Older Australians

The Aged Care Bill 2024 (Cth) passed Parliament on 25 November 2024 with bipartisan support. The Act, to come into force on 1 July 2025, forms the centrepiece of the government’s response to the 148 recommendations contained in the Royal Commission into Aged Care Safety and Quality’s Final Report.  

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Media & Podcasts

Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

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Subpoena to Produce set aside on grounds of Legal Professional Privilege in the NSW Supreme Court judgment of Woolner v South Western Sydney Local Health District [2023] NSWSC 748

Subpoena to Produce set aside on grounds of Legal Professional Privilege in the NSW Supreme Court judgment of Woolner v South Western Sydney Local Health District [2023] NSWSC 748

The Supreme Court judgment in the matter of Woolner v South Western Sydney Local Health District [2023] NSWSC 748 (“Woolner”) outlines the Court’s consideration of a subpoena to produce issued to a defendant’s law firm, calling for production of its communications with the client.
Blog
Expert evidence requirements for issue of professional negligence claims

Expert evidence requirements for issue of professional negligence claims

In the matter of Netherwood v Hillier, the case dealt with an application to strike out proceedings as against the third defendant, Dr David Bell for failing to provide expert reports supporting the claim against him.  
Blog
Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.

  • 6 Apr 2021

Blog
Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  

  • 24 Mar 2021

Blog
Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

2020 has been a year of ”big hits” in the dangerous recreational activity space.   It has also been in a year in which our sportsmen have featured in the evening news, often for their off‑field behaviour.     The recent news that former England Rugby international, 42 year old Steven Thompson, has been diagnosed with early onset dementia, and is involved in a potential class action in relation to the repetitive head trauma he says gave rise to his condition; has sent shock waves through the sporting world.

  • 18 Dec 2020

Blog
“Not without my pick stick” – Picker Packer finds damages are just out of his reach

“Not without my pick stick” – Picker Packer finds damages are just out of his reach

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.

  • 2 Oct 2020

Blog
Releasing the hounds – Defining ‘recreational activity’

Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  

  • 18 Sep 2020

Blog
You need to lift big to gain big (damages)

You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  

  • 10 Jul 2020

Blog
Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

On 6 April 2014, Mr Bridge slipped and fell in a below ground carpark at Coles’ Coffs Harbour store.
Blog
Hindsight is not always a wonderful thing

Hindsight is not always a wonderful thing

The recent decision by the Court of Appeal in Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 serves as a reminder that the duty of care owed by a contract cleaner in a shopping centre is not an expectation of “perfection”.

  • 29 Aug 2018

Blog
When is enough enough? - anaesthetist's appeal fails

When is enough enough? - anaesthetist's appeal fails

In our blog on 19 May 2018 we reported on a decision in which an orthopaedic surgeon and anaesthetist were both found negligent for failing to abandon surgery prior to the plaintiff suffering paraplegia.  

  • 5 Mar 2018

Blog
Is your expert actually an expert?

Is your expert actually an expert?

In a recent WA case the plaintiff alleged that the Hospital breached its duty of care to her by failing to recognise that she was suffering from evolving and detectable sepsis, and to commence antibiotic treatment in a timely manner. The Court was only asked to make a finding as to liability.
Blog
Medical manslaughter - The Australian Experience

Medical manslaughter - The Australian Experience

Medical manslaughter has come into the spotlight in the last week following the recent decision in England to deregister a medical practitioner after she was found guilty of manslaughter in 2015.

  • 5 Feb 2018

Blog
Timely mental health assessments and flight risks

Timely mental health assessments and flight risks

A recent decision in the Supreme Court of ACT considered whether the Hospital was negligent in failing to ensure that the appropriate procedures were put in place to prevent a patient from self-harm.

  • 6 Nov 2017

Blog
Road collapse – Council not liable despite roadworks

Road collapse – Council not liable despite roadworks

In Mansfield v Great Lakes Council (2016) NSWCA 204 (‘Mansfield’s case’) the plaintiff was driving a truck along a single lane country road when, as he drove across a culvert, the bank of the left side of the road gave way and the truck rolled over. 

  • 24 Oct 2016

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