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What Counts As "Obvious Risk"?- Part 2

Two recent matters concerning the dangerous recreational activity (DRA) defence provide the insurance industry with parameters concerning the extent to which the DRA defence is available to insurers where obvious risks are involved.  
Blog

What Counts As "Obvious Risk"? - Part 1

2021 was a precedent-setting year for litigation relating to dangerous recreational activities (DRAs) and the engagement of the dangerous recreational activity defence under section 5L of the Civil Liability Act 2002 (NSW).
Blog

Everyone’s Had It… So, What’s Reasonable Now?

Even before March 2020, before COVID Omicron, the RAT’s and the lockdowns, knowing what ‘normal’ was meant to look like was always a challenge. For employers and their advisors, we relied on the laws and decisions of the Tribunals and Courts to provide direction about what could (or should) be done (or not done).
Blog

Electronic execution now permanent for Australian companies

Changes to the Corporations Act for COVID-19 that allowed virtual company meetings and electronic execution of company documents have been made permanent. These changes mean that companies no longer have to fear a return to doing everything in hard copy and in person. 
Blog

How to protect yourself against Construction Company insolvencies.

Entering into a contract to build a new home for a fixed price would seem, at least on the surface, to be the easiest and most stress-free way to get yourself a brand-new home...  
Blog

Recent developments to mandatory examinations: Things you should know.

Under section 596A of the Corporations Act 2001 (Cth), an eligible applicant can apply to the Court and the Court can, in turn, summon an officer of a company under external administration for examination about the company’s affairs.
Blog

Members of the Personal Injury Commission are not bound by the rules of evidence, but they may be guided by it.

Mrs Nasr, the claimant, was injured in a car park, when Mr Fawcett (QBE’s Insured driver) collided with the left-hand side of her vehicle. The claimant then lost control of her vehicle, driving through a fence before colliding with a tree. 
Firm News

Hicksons congratulates Kathy Ireland and Karen Stott on their appointment as Mediators

As previous members of the firm, Hicksons would like to congratulate Kathy Ireland and Karen Stott on their appointment as Mediators for the Personal Injury Commission by Judge Gerard Phillips this week.  
Firm News

Hicksons appoints new Workers Compensation Partner in Sydney

Hicksons appoints industry leader, Jesse Webb, as a partner in its workers compensation team in Sydney.  
Blog

Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

In the recent case of Grant v Dateline Imports Pty Ltd [2022] NSWPICPD 3, the President of the Personal Injury Commission (PIC) confirmed that a clear diagnosis supporting an alleged consequential condition would aid in discharging the worker’s onus of proving an entitlement to lump sum benefits pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act).
Blog

Set-off shield to unfair preference claims dropped

Last Thursday (16 December 2021), in the decision of Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228 (MJ Woodman), the Full Court of the Federal Court delivered a highly anticipated decision surrounding section 553C of the Corporations Act 2001 (Cth) (Act) and a liquidator’s unfair preference claim.
Firm News

Hicksons 2021/22 Holiday Closure Period

Hicksons will be closed for a two-week duration over the Christmas and New Year period.
Blog

Hicksons Special Counsel, Roslyn Pavey, article featured in SMSF Adviser

When you pass away, it is important to ensure your loved ones are not left with a financial and legal headache.
Blog

Commission muddies the water on whether working from home is a benefit for employees

Since the outbreak of COVID-19 in Australia in March 2020, there has been significant shifts towards working from home across multiple industries. The NSW Personal Injury Commission has now considered in what circumstances being refused the opportunity to work from home may amount to the withdrawal of an employment benefit or transfer, namely for the purpose of a section 11A defence to a psychological injury condition.
Blog

Remote Witnessing is now a permanent feature of the NSW legal landscape

At the beginning of the COVID-19 pandemic in March 2020, legal practitioners and their clients faced particular challenges with regard to the signing and witnessing of certain legal documents. The stay-at-home orders and self-isolation rules raised an urgent question:

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