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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.

NSW Court of Appeal decision affects a practitioner’s rights to seek a stay from NCAT

Yesterday the Court of Appeal handed down a decision (Medical Council of NSW v Lee [2017] NSWCA 282) which will limit a practitioner’s rights to seek a stay of any suspension decision made by their relevant registering Council pursuant to s150 of the National Law.
  • 7 Nov 2017


Attempted murder in the workplace but no duty

Whilst this recent Court of Appeal decision (Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21) is not a medical negligence claim, it highlights the importance of considering whether a duty of care is owed in nervous shock or mental harm cases. It is our experience that mental harm claims arising from medical treatment are increasing in frequency and quantum.
  • 27 Feb 2017


Justice and the self-represented litigant

The Victorian Court of Appeal in Redzepovic dismissed the applicant’s appeal against a trial judge’s finding in favour of the respondent. The facts of this case are unremarkable however, are worth noting in relation to issues which arise with self-represented litigants.
  • 31 Oct 2016


Road collapse – Council not liable despite roadworks

In Mansfield v Great Lakes Council (2016) NSWCA 204 (‘Mansfield’s case’) the plaintiff was driving a truck along a single lane country road when, as he drove across a culvert, the bank of the left side of the road gave way and the truck rolled over. 
  • 24 Oct 2016


Throwing out the rubbish on exclusion clauses

Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161 related to a claim commenced by Mr Healey against Penrith City Council (‘the Council’) and GIO General Ltd (‘GIO’), as the public insurer of Usshers Pty Ltd (‘Usshers’) (now deregistered), in relation to a shoulder injury suffered during the course of his employment as a garbage collector. 

Appeal lodged by a patient concerning a community treatment order

On 3 December 2015 we reported on a Court of Appeal decision in relation to an appeal lodged by a patient concerning a community treatment order (CTO).
  • 20 Jan 2016

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