Ross Donaldson

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Informal indoor cricket game – non-participant and casual onlooker struck in eye with ball resulting in injury. Materialisation of inherent risk and obvious risk defence.

In the decision of Redding v Manly Life Saving Club Inc & Anor [2018] NSW DC 278 District Court Judge Russell found in favour of the plaintiff, a 16 year old girl and member of the Manly Life Saving Club.  The plaintiff was assisting in running a Manly Club BBQ to raise funds. Whilst assisting … Continue reading

Go Kart appeal goes off the track for the Church

Dixon v Apostolic Church Australia Ltd [2018] WASCA was an appeal from a judgment of the District Court of Western Australia that had found the Apostolic Church liable in negligence to Dixon who sustained injuries when she struck a tree whilst participating in a go karting event organised by the Church.  Dixon was a volunteer … Continue reading

Court revisits the rights of a professional jockey to sue another jockey – is an injury from a professional horse race an obvious risk?

In the decision of Lynch v Cavallo [2018] NSW DC, the court on an interlocutory motion was required to revisit the question of whether a professional jockey can sue another professional jockey injured in a professionally organised horse race. In Goode v Angland [2017] NSWCA 311 the Court of Appeal held that a professional horse … Continue reading

Victorian Government considers a review of coronial investigation processes

In December 2016, the Victorian Government announced that it had requested the Coronial Council of Victoria to undertake a review of the appeals and reopening processes for coronial investigations under the Coroners Act 2008 (Vic) (the Act). The request was made to ensure that the laws are working appropriately, having regard to the interests of … Continue reading