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

By James Rigney and Alex Madry on February 20, 2018 Posted in Cases

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?

By Julie Darley and Daniel Troy on March 14, 2017 Posted in Cases

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

Plaintiff’s trampoline case bounced due to voluntary assumption of risk

By Katherine Goldberg on December 13, 2016 Posted in Cases

Negligent but not liable. That was the jury’s decision in a recent case involving voluntary assumption of risk in the world of trampoline-dodgeball that saw the lawyers spring into action: Rakich v Bounce Australia Pty Ltd [2016] VSCA 289… Continue reading