News
Doctors failure to properly investigate patient’s symptoms deemed negligent – Peterkin v Tadros
Mr Ross Peterkin brought a professional negligence claim against Dr Abran Tadros, a general practitioner. Mr Ross Peterkin has been diagnosed with incurable colorectal cancer and his life expectancy was limited. He believes that Dr Tadros’ alleged failure to properly...
When Can New Material Justify the Withdrawal of an Admission? DPC v Trustees of the Marist Brothers & Anor
The decision of the New South Wales Supreme Court in this case provides clarity on the application of the principles used to determine if an admission can be withdrawn. The Court considered what level of information is needed to consider an explanation satisfactory...
Employer Liability for Injuries Caused by Aggressive Customers: Lessons from Lepan v TPG Telecom Limited
This decision of the New South Wales District Court provides useful guidance on the scope of an employer's duty to protect employees from foreseeable risks posed by aggressive customers. The Court considered whether an employer could be liable for injuries arising...
Safe Systems of Work: $1 Million+ Award Following Steel Beam Injury
The Supreme Court of New South Wales has awarded a former labourer more than $1 million after finding his employer failed to provide a safe system of work when he was injured by falling steel beams. Background Mr Thomas Pratt was working as a labourer on a...
Psychological Injury and Reasonable Foreseeability: The NSW Supreme Court’s Decision in Soulos
This appeal in the Supreme Court of New South Wales concerned a respondent who was employed as a case worker for the Department of Communities and Justice (the appellant). The central issue was whether the appellant was negligent in exposing the respondent to a...
Assessing Future Economic Loss: Lessons from Fuchs v Coles Supermarkets
The assessment of damages can be one of the most difficult aspects of a personal injury claim, particularly where an injured person’s future earning capacity is affected but the precise financial impact is uncertain. Fuchs v Coles Supermarkets Australia Pty Ltd [2026]...
High Court dismisses appeal of the ‘invasion day’ protest given officers did not breach their duty of care
In a recent court decision of Cullen v State of New South Wales, the High Court of NSW has dismissed the appeal after finding no breach of a duty of care by the OSG officers.The appeal to this court raised 3 issues: Whether the OSG officers owed a duty of care that...
Low Threshold for Document Production Upheld – Key Ruling on “Apparent Relevance” in NSW Personal Injury Commission
In AAI Limited t/as GIO v Williams [2026] NSWPICMP 414, the claimant alleged that he sustained both physical and psychological injuries in a motor vehicle accident on 25 May 2023. Independent medical assessment were scheduled to determine the extent of any permanent...
Mining Employer Liable for Failing to Maintain Safe Haul Roads: Ticehurst v Peabody Energy Australia Pty Ltd [2026] NSWDC 248
In Ticehurst v Peabody Energy Australia Pty Ltd [2026] NSWDC 248, the District Court of New South Wales awarded a coal mine haul truck operator damages exceeding $1.3 million after findings his employer had failed to provide a safe system of work. The decision...
NSW Workers Compensation: When Close Friends Are Not Dependants – FIS Systems Pty Ltd v Fieldmartin & Ors [2023] NSWPIC 114
On 28 December 2020, Marc Andrew Sebastian Field died from injuries sustained in the course of his employment with FIS Systems Pty Ltd. The employer commenced proceedings in the Personal Injury Commission seeking orders for the apportionment of the statutory lump sum...
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