Welcome to Insurance in Motion! We’re excited to share the latest insights and updates with you. Below, you’ll find links to our articles for this month, covering a range of topics designed to keep you informed and engaged. We hope you find them valuable and informative.

Principal contractor not liable

By Nica Manosca solicitor and David Slatyer Partner

Mills Oakley successfully defended a personal injury claim in the Supreme Court of Queensland against a principal contractor; Sawyer v. Steeplechase Pty Ltd [2024] QSC 142.

Read more, here.

The Court of Appeal Denies Stay of Costs Taxation Amidst Appeal Metcalf v Wellington [2024] VSCA 147

By Stuart Eustice, Partner and Lidia Martinez Chavez, Lawyer

Background

Heather Wellington (Respondent) commenced proceedings against Kirsty Metcalf (Applicant) seeking damages for defamatory statements published on Facebook. On 21 November 2022, following a trial, the Respondent was awarded $100,000 in damages. A month later, on 15 December 2022, the Respondent was granted an indemnity costs order.

Read more, here.

Wet and slippery travelators- reasonable precautions – Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253

By Stephen Vardanega, Partner and Gabrielle Croese, Solicitor

On 28 June 2024, the NSW District Court decided a claim for personal injury damages brought by the Plaintiff, Mr Akgun, injured in a slip and fall incident on a travelator at a shopping centre on 4 September 2020.

Read more, here.

Further determination on Worker vs Contractor Birss v VWA [2024] VCC 904

By Stuart Eustice, Partner, and Gregor Campbell, Lawyer

Introduction

In this matter the Court was required to consider the definition of a ‘worker’ under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (“the Act”).

Read more, here.

Consent to urgent treatment in children – who gets to say yes? 

By Louise Cantrill, Partner and Matthew Skelly, Senior Associate

There have been ongoing issues with the consent required for the treatment of children and when parents’ decisions can be overruled.

Parker J has given some guidance on when medical practitioners can rely on section 174 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (CYPA) which may assist practitioners in NSW. It concludes that section 174 can be relied upon without the need to seek court approval in circumstances where the treatment is required “as a matter of urgency”, although the approach and legislative protections are not necessarily consistent across other jurisdictions.

Read more, here.