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Schokman: The High Court of Australia considers the ‘scope of employment’ in the recent case of CCIG Investments Pty Ltd v Schokman [2023] HCA 21

A recent High Court of Australia decision in the matter of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (Schokman) deals with the extent of vicarious liability in the employer/employee relationship. The decision affirms that employers are not liable for the actions of their employees if those actions are not within the course or scope of their employment. Ultimately, the ‘scope of employment’ will turn on the facts of each individual case.
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Stockhead: Cautionary tales for directors and officers failing to prepare against climate risk

Hicksons Insurance, Climate and Cyber Risk Partner Persia Navidi discussed ESG and climate risk for directors and officers in a recent Stockhead article.  
Blog

2022: The Year of Cyber Awareness

2022 was a landmark year in the world of cybersecurity awareness, especially in Australia. 2022 will, for the foreseeable future, be remembered as a year that catapulted cybersecurity to the forefront of people’s minds (and the headlines), as we witnessed two of the biggest cyber attacks in Australian history, impacting millions of Australians.
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Greenwashing - what do recent developments mean for company directors and directors’ and officers’ insurers?

Greenwashing. We have heard this term used frequently in recent times. Why do company directors need to be aware of it? What are Australian regulators saying about greenwashing and what litigation trends are we seeing emerge? What is the potential impact of greenwashing litigation on the insurance industry?
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Personal Injury Commission’s Medical Assessors have no power to determine a claim for medical expenses not incurred and not provided.

Obeid v AAI Ltd t/as AAMI [2022] NSWPICMP 76 This case looked at whether the Personal Injury Commission’s Medical Assessors had power to determine a claim for medical expenses not incurred and not provided.  
Blog

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.  
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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).
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Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  
  • 24 Mar 2021

Blog

NSW Supreme Court reminds plaintiffs of requirements for claiming directly against liability insurers

In Count Financial Limited v Pillay[2021] NSWSC 99, Stevenson J of the Supreme Court of NSW examined whether leave under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (theAct) should be granted to a plaintiff seeking to join an accountant’s professional indemnity insurer to proceedings.
  • 15 Mar 2021

Blog

Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

2020 has been a year of ”big hits” in the dangerous recreational activity space.   It has also been in a year in which our sportsmen have featured in the evening news, often for their off‑field behaviour.     The recent news that former England Rugby international, 42 year old Steven Thompson, has been diagnosed with early onset dementia, and is involved in a potential class action in relation to the repetitive head trauma he says gave rise to his condition; has sent shock waves through the sporting world.
  • 18 Dec 2020

Blog

“Not without my pick stick” – Picker Packer finds damages are just out of his reach

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.
  • 2 Oct 2020

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Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  
  • 18 Sep 2020

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You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  
  • 10 Jul 2020

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Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.
Blog

Dangerous Recreational Activity

The treacherous path involved abseiling 10m down a sheer rock face and walking barefoot on wet rugged terrain and tidal rocks. While walking across a 30cm rock platform with a 4m drop, Ms Nihil slipped and fell. She was air-lifted to Royal North Shore Hospital having suffered injuries to her toes, feet and heels. After 3 months in a wheelchair, she was fortunately able to ambulate once again but continued to suffer ongoing impairment which she said brought her modelling career to a premature end.
  • 9 Jun 2020

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