Legal Updates

The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.

NSW Court of Appeal overturns Award of Damages to Morbidly Obese Patient

30.04.2013

Ashley Crisp, Partner

Varipatis v Almario (2013) NSWCA 76 - 18 April 2013

The NSW Supreme Court, Court of Appeal, has overturned a decision by a trial judge to award damages of more than $360,000 to Almario, an obese man. The trial judge found that his GP was negligent in failing to refer him for specialist treatment for his life-threatening morbid obesity.

The Cost of a Cup of Coffee

30.04.2013

David Kew

Readers may have heard of the recent report of an Adelaide woman suing McDonalds over the spillage of a cup of coffee which is alleged to have caused severe burns. It sounds similar to the US case from two decades ago in which an elderly lady pursued a similar claim, resulting in a significant damages award. [An interesting analysis of the facts of that case can be found at www.lectlaw.com/files/cur78.htm suggesting that the public’s understanding of the case may not have been entirely accurate].

Redundancy and Redeployment - Striking a Fair Balance

30.04.2013

Tim Lethbridge, Partner

On 15 March 2013, the New South Wales District Court handed down a decision which illustrated the caution that must be applied when dealing with operational change.

The Plaintiff, Kelvin Smith (“Mr Smith”) had been employed by the Second Defendant, Commonwealth Steel Company Pty Ltd (“CSC”) since 1978. He became a furnace operator in the early 1990s and had been doing this job ever since.

Workers' Compensation - Appeal to District Court Succeeds

30.04.2013

Ashley Crisp, Partner

Recent Appeal from decision of WA Workers' Compensation Arbitration Service Arbitrator to District Court of WA - AUDINO -v- WA COUNTRY HEALTH SERVICE - WHEATBELT [2013] WADC 46 - delivered April 2013

Dismissal of Inactive Cases – Questions Answered?

30.04.2013

Vidal Hockless, Partner

Two Court of Appeal decisions, both delivered on 9 April 2013 cover most of the ground arising in relation to the contentious aspects of the dismissal of cases under Rule 44G of the District Court Rules.

Ruby v Doric Constructions [2013] WASC 94

Court of Appeal delivered 9 April 2013 - Dismissal of inactive cases under Rule 44

NSW Court of Appeal overturns Award of Damages to Morbidly Obese Patient

The Cost of a Cup of Coffee

Redundancy and Redeployment - Striking a Fair Balance

Workers' Compensation - Appeal to District Court Succeeds

Dismissal of Inactive Cases – Questions Answered?

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