Tag archives: negligence

Are we exclusive yet? The High Court decides on the exclusivity principle for aviation claims in Parkes Shire Council v South West Helicopters Pty Limited [2019] HCA 14 (‘South West Judgment’)

Yes we are, according to the High Court of Australia. On an issue that was previously up in the air, the High Court has provided some long awaited clarity on the scope of claims that can be made against a domestic carrier in the event of death or injury to a passenger. Claims brought by … Continue reading

Residential building disputes – buyer beware, certifying bodies catch a rare break

As insurers involved in residential building disputes know, a building claim typically brings a cast of thousands to the courtroom. While owners, builders and engineers typically take centre stage, local Councils and certifiers can unwittingly become involved as bit players due to their role in “signing off” on a project, and perhaps more importantly, because … Continue reading

Work or play – are professional sports recreational activities?

Some people are lucky enough to make a living by engaging in professional sports.  Does the law treat amateurs who suffer injuries differently from those who pursue sports as a profession?  Two conflicting decisions by superior courts in New South Wales and Tasmania have thrown the law on this point into  disarray. The defence Under … Continue reading