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Latest Insurance Updates

Gosper -v- Pilbara Iron Company (Services) Pty Ltd [2021] WADC 47

11.06.2021

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Legislative Changes (COVID-19) – Effective 12 October 2020 – Worker’s Compensation and Injury Management Amendment (COVID-19 Response) Act 2020

09.10.2020

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Know your hazards! Local Government found liable for failing to provide adequate visual clues marking the potential hazard

06.10.2020

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Two Bites of the Cherry? Beasley -v- Fortescue Metals Group Ltd [2020] WADC 118

02.10.2020

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When The Sky (Or Ceiling) Falls In On You: Greenslade -v- Hiew [2020] WADC 120

15.09.2020

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Pain and Suffering Revisited: Parkin -v- Amaca Pty Ltd [2020] WASC 306

28.08.2020

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Are You Sitting Comfortably?

18.08.2020

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Amendments to Cost Scales for Employers/Insurers Operating in the District and Supreme Courts and WorkCover WA as of 1 July 2020

07.07.2020

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Workers’ Compensation & Injury Management Amendment (Covid-19 Response) Bill 2020

30.06.2020

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The Surprising Cost of a Piercing Noise – The Appeal

20.05.2020

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How far does a party have to go in discovering all forms of electronic communications in court proceedings? (Juwi v DeGrussa)

14.04.2020

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COVID-19 – What the Coronavirus Stimulus Measures Mean for your Business (7 April 2020)

07.04.2020

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Is this now the leading case decision concerning Section 3C of the WA MV (TPI) Act 1943?

11.03.2020

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Case Summary – The Cerebral Palsy Association of WA v Papalia

18.02.2020

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Outfoxed? Workers’ Compensation Appeals

17.01.2020

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Work Health & Safety Bill 2019 – Introduced into WA Parliament

02.12.2019

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Parliament to Consider Class Actions Regime for WA

09.07.2019

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Aiming at an Employee and Shooting Yourself in the Foot – Workplace Investigation Leads to Compensation Claim

24.05.2019

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FIFO Code of Practice – Battle Against Mental Illness

24.05.2019

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Silicosis – a “Nationwide Epidemic”?

04.04.2019

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Valentine’s Day Cyber Scams to Watch Out For in 2019

08.02.2019

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The Surprising Cost of a Piercing Noise – Insight From Hooker v Allied Pumps Pty Ltd (No. 2) (2018) WADC 129

13.12.2018

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Preparing Your Business for a Merry Holiday Cyber Season

13.12.2018

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Be Prepared, or be Better Prepared – Insight From Rodgers v Amcor Ltd [2018] WADC 134

11.12.2018

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Online Vulnerabilities Facing Small Business Today

05.10.2018

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Look Out! Pedestrians Running in Front of Vehicles. Avoidable or Not?

28.08.2018

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Judicial Interpretation of Policies of Insurance – Not as Dull as it Sounds

09.08.2018

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Cyber Liability Insurance – Insuring the Intangible

05.07.2018

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Superannuation and the Age Pension where Injury Causes Reduced Life Expectancy – Compensable Loss?

05.07.2018

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Arbitrator’s Decision WorkCover WA – Preference of One Medical Opinion Over Another

05.07.2018

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When it Comes to Workers Compensation, When is a Travelling Expense Not a Travelling Expense? Battle of the Clauses

03.07.2018

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Employer Attendance at Medical Consultations – the Rules

20.06.2018

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Landlords and Tenants Beware, Know Your Occupier Liability Rights and Obligations and Ensure You Insure

11.06.2018

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Commonwealth Bank Data Security Breach – Because the Banking Royal Commission Was Not Embarrassing Enough

04.05.2018

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Interaction between Section 60 and Section 61 in the WA Workers Compensation Scheme – Appeal to District Court and then to Court of Appeal, WA Supreme Court

30.04.2018

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Twitter Cost Me My Job – The Risks of Discussing Employment Online

30.04.2018

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Workers on Visas – Can They Claim Workers’ Compensation?

29.03.2018

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Work Related or Not Work Related? Tragic South Australian Fatality in the Headlines

29.03.2018

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Appeals from WorkCover WA to District Court of WA – What is a Question of Law?

28.02.2018

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Awarding Compensation for Permanent Impairment Sustained Minutes Before Death – Could It Happen Here?

28.02.2018

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Worrying Wildlife at Work in WA?

28.02.2018

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WA Worker Attends Work Out of Usual Work Hours Not to Undertake Normal Duties but to Complete a Form and is Injured – is the Injury Compensable? Appeal to WA District Court

19.12.2017

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Assessing Damages for Injuries Sustained as a 7-Year Old 14 Years Later

19.12.2017

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The Defendant’s Application to Dismiss the Plaintiff Due to an Invalid Election Considered by the District Court

19.12.2017

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Supreme Court of South Australia Increases Exemplary Damages Award

28.11.2017

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The Workers’ Compensation and Injury Management Amendment Bill 2017 (WA) – What You Need to Know

27.11.2017

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WA Workers’ Compensation – Connection between Reasonable Treatment and a Compensable Injury

31.10.2017

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Stress Claim on Appeal in the District Court of WA – Section 5 of the WA Act and Meaning of “Discipline”, “Wholly or Predominantly” and “Unreasonable and Harsh”

29.09.2017

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Lost in Cyber Space – “Danger, Will Robinson!”

29.09.2017

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He Either had Nic Naitanui-like Skills or the Boundary Line was too Close to the Fence

29.09.2017

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Labour Hire Lessons for WA: a Pain in the Neck?

30.08.2017

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Sour Grapes: Supermarket Liability in Causal Act of Negligence

30.08.2017

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Don’t Ask Me: Properly Proofing Your Client To Give Evidence

30.08.2017

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404 error: Cyber Security for Business

31.07.2017

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WA Court of Appeal Dismisses Appeal by Freeway Truck Driver

31.07.2017

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A Long Saga Ends With Dismissal of Appeal in Relation to Claimed Psychiatric Injury

31.07.2017

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Driving into Danger – Breach of Duty of Care

31.07.2017

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A Slip, but not a Banana Skin – Supermarket Damages Claim Denied

30.06.2017

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WA Workers Compensation – injured knee collapsed during return to work program aggravating asymptomatic back condition – is back injury compensable, is there a new prescribed amount applicable?

30.06.2017

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Increased Compensation for Workplace Fatalities in WA on the Cards

30.06.2017

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Injury on a Work Trial and the Question of Incapacity

30.06.2017

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Dolphins, Boats, Tickets, Waves and Waivers

30.05.2017

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WA CTP Motor Vehicle Crash Claim – Liability apportioned 70% – 30% in favour of defendant

30.05.2017

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Stress claim at WorkCover WA on appeal to District Court of Western Australia

28.04.2017

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Self-Represented Plaintiff Fails to Prove Negligence in his Claim for Common Law Damages in the WA District Court

28.04.2017

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Mobile Phones and Cancer – the Next Asbestos?

28.04.2017

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Employees, Subcontractors and Contractors – a Detailed Examination of Liability and Apportionment Principles

31.03.2017

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Australian Privacy Principles and Data Breach – New Measures Planned

31.03.2017

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Injury at Work and Again While Being Rehabilitated, Injury or Not? Reasonableness of Treatment

31.03.2017

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Interpretation of Delay and Material Prejudice in the WA CTP Scheme

28.02.2017

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What is the meaning of “error of law” and “a question of law is involved” in a workers’ compensation context?

28.02.2017

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Section 60 – when a genuine dispute is not enough

20.02.2017

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Damages Awarded for Unacceptable Delay in Diagnosis and Treatment of Medical Condition

31.01.2017

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The Unavoidable Accident – Causation in the WA CTP Motor Vehicle Scheme

31.01.2017

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Costs Order Made Against a Worker by an Arbitrator at WorkCover WA Upheld by WA District Court Judge

20.12.2016

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A Two Motorcycle Crash in the WA ICWA CTP Scheme

20.12.2016

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Stand-Down Not Unreasonable and Harsh – Makes Sense

31.10.2016

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Recent WA CTP District Court Decisions – Self Represented Plaintiffs

31.10.2016

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Recent WA and NSW CTP decisions relating to assessment of liability and contributory negligence

30.09.2016

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Confirming the Scope of Section 61 Applications in the WA WorkCover Jurisdiction

30.09.2016

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WA CTP Assessment of Damages in Motor Crash Litigation

31.08.2016

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District Court Assessment of Damages in the Western Australian CTP scheme

30.06.2016

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Section 61 Notices and the WA Workers Compensation and Injury Management Act

31.05.2016

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Court Of Appeal Does The Hard Yards On Factual Analysis

29.04.2016

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WA Worker Accepts Offer To Settle Claim Before Passing – The Consequences Of No Settlement Documents Being Signed

29.04.2016

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Be Careful When Choosing Furniture For Your Patrons

29.04.2016

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District Court Jurisdiction – WorkCover Appeal Filed Out Of Time?

29.04.2016

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Calculation of Weekly Earning – We Thought This Was Being Fixed?

30.03.2016

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A Timely Reminder about Time – the Consequences of Missing a Common Law Limitation Date in the WA Workers Compensation and Common Law Scheme

30.03.2016

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Workers Compensation – State of Connection Revisited

29.01.2016

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Workers’ Compensation WA – Getting Your Fair Share

22.12.2015

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Occupational Safety and Health – Getting Burned Twice

22.12.2015

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Partial Capacity Entitlement – Not Something for Another Day

20.11.2015

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Speedy and Fair Conduct of WorkCover WA Proceedings

30.10.2015

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Employers’ Indemnity Insurance – Recovery Claim “Shunned”

29.10.2015

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Risk Management for Event Organisers from a Legal Perspective

29.10.2015

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State of Connection Refined

30.09.2015

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How to Manage Workers’ Compensation Claims – Inhouse Counsel

20.08.2015

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No Damages for Worker Who Tripped Over Box

25.07.2015

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The Cost of Doing (WorkCover) Business

25.07.2015

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Don’t Play with Fire

25.07.2015

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Occupiers Liable to Rescuers for Personal Injury

22.06.2015

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Workers’ Compensation and Workplace Bullying

28.05.2015

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Fall from Balcony – Plaintiff Fails on Cause and Negligence

30.03.2015

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Builder not Liable for Negligence of Contractor

28.11.2014

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Sharing the Burden of Catastrophic Injury

28.11.2014

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On Yer bike?

26.11.2014

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Highway Hauliers, Final Roll – High Court Dismisses Appeal

30.09.2014

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WA Worker falling asleep at the wheel

31.07.2014

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Behme -v- Royal Perth Hospital [2014] WADC 53 – Work Injury and Subsequent Motor Vehicle Injury

30.06.2014

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WA Workers’ compensation “stress claims” resulting from disciplinary meetings

30.06.2014

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Industrial Disputes and Damages Litigation

30.05.2014

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Smith v Ranger Camping & Outdoor Pty Ltd [2014] WADC 40

30.04.2014

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Revisiting the interpretation of contractual indemnity and insurance clauses

30.04.2014

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The District Court of WA Inactive List – principles to be applied in determining whether to remove from the inactive list or allow an action to “die a natural death”

31.03.2014

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Comcare: A Sign of Things to Come

31.03.2014

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Accident at Work – Responsibility for Leased Equipment

28.02.2014

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Slipping Standards

28.02.2014

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Workers’ Compensation and Failure to Cooperate

28.02.2014

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Workers’ Compensation and the Burden of Proof

19.12.2013

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The Approach to “Total Incapacity” in Workers’ Compensation Claims

19.12.2013

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Dismissal Of Inactive Cases – The Final Word

30.10.2013

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When Every Year Is A Leap Year – Calculating The ‘Termination Day’

30.10.2013

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Workers’ Compensation Legislative Review

20.10.2013

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Slip and Trip when Choosing Dip – Supermarket not Liable

27.09.2013

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