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Skier injured by ski instructor at Perisher Blue denied compensation – Castle v Perisher Blue Pty Limited NSWSC 1652
On 16 August 2014, the plaintiff was skiing the slopes of Perisher Blue when a Perisher Blue ski instructor collided with her. The plaintiff suffered significant injuries as a result. The ski instructor was employed by the defendant, Perisher Blue Pty Limited and was...
10 Common Commercial Disputes
There are all sorts of commercial disputes which businesses large and small can become involved in. Here are 10 common examples: Contractual disputes – what is the meaning of an agreement and how should it be interpreted. A contract can be in writing, oral...
What does the Court look at in determining a family provision claim?
A family provision claim is a claim brought by a person against the estate of a deceased person seeking, in effect, an entitlement from the estate. This may arise because the person has been ignored or overlooked by the deceased or arguably insufficient...
¿Cómo saber si ha sufrido negligencia médica y merece ser compensado?
Una negligencia médica se produce cuando un profesional sanitario actúa saltándose los estándares médicos exigibles por ley (ya sea por acción u omisión) causando en la mayoría de ocasiones un daño físico o incluso psicológico al paciente. A continuación se van a...
Multiple plaintiffs awarded a combined $2,169,232.39 after children were assaulted at childcare centre
The two children attended Footprints Childcare Centre, owned by Little Pigeon Pty Ltd, between 2008 and 2010, where Mr Bird worked and was a 1% shareholder in the company. Both of the child’s Mothers removed them from the centre upon hearing that Mr Bird had been...
Appeal Successful: Landmark Case Challenges Employer’s Duty in Fatigue-Related Accident
Coalroc Contractors Pty Ltd (the appellant) appealed against a judgment in favour of Troy Matinca (the first respondent) entered by Campbell J (the primary judge). The primary judge found the appellant liable in negligence and awarded the first respondent a sum of...
Ms Powell successful in her claim against Gym after being injured during “tradies’ hour”
The decision of JFIT Holdings Pty Ltd t/as New Dimensions Health & Fitness v Powell NSWCA 137, provides guidance on breach of duty of care for gym operators and whether a risk of harm is ‘not insignificant’. In this case, the gym operator was unsuccessful in its...
Former NRL player successfully sues Surgeon after career ending ACL surgery goes wrong
The New South Wales Supreme Court awarded damages to former NRL player, Lucas Miller, following his medical negligence claim against a French Orthopaedic Surgeon. The young and promising NRL player had stints with both the Newcastle Knights and Melbourne Storm. He...
Stephen McAuley joins Panel of Experts at Sydney Hills Business Chambers’ Business Leaders Lunch
Principal Solicitor of McAuley Lawyers, Stephen McAuley, joined a panel of experts last week at Sydney Hills Business Chambers’ Professional Services Business Leaders Lunch. Hosted by Chamber President Kerrie Sheaves and joined by fellow panelists, Bruce Gleeson...
Plaintiff sues Catholic Church alleging abuse to have occurred 70 years ago – Court grants permanent stay of proceedings
The case of Ward v The Trustees of the Roman Catholic Church for the Diocese of Lismore NSWSC 1776 illustrates well the test for an application for permanent stay of proceedings in an historical sexual abuse claim. The plaintiff commenced proceedings in...
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