News
Landmark Decision: Melenewycz v Whitfield [2015] NSWSC 1482
In a significant legal precedent, the New South Wales Supreme Court addressed the applicability of blameless accident provisions in motor accident compensation cases, specifically concerning single-vehicle accidents. The case of Melenewycz v Whitfield [2015] NSWSC...
Exemplary Damages and Trespass to the Person: Navigating the Legal Landscape
In the realm of personal injury law, a frequently asked question revolves around the availability of exemplary damages for trespass to the person. This query delves into the nuances of Section 21 of the Civil Liability Act (CLA) and its implications for individuals...
Plaintiff’s Duty to Mitigate Loss: Understanding the Implications
In the realm of legal disputes, the principle that plaintiffs have a duty to mitigate their losses holds paramount importance. The fundamental premise is clear: if a plaintiff's inaction or unreasonable action leads to avoidable loss, the compensation awarded may be...
McAuley Lawyers wishes all our clients a Merry Christmas and a Happy New Year!
Our office will close on Thursday, 21 December 2023 at 5 pm. We will re-open on Monday, 15 January 2024 at 8 am. During the holiday period please email reception@mcauleylawyers.com.au.
How Vicissitudes Impact Future Economic Loss in Legal Cases
When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...
Can you still make a claim?
Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...
Doctors Failure to Recognise Infection Causes Life-long Impairment to 1 Year Old Baby
The plaintiff, by their next friend sued the Child and Adolescent Health Services in relation to injuries suffered while a patient at Princess Margaret Hospital in 2005. The plaintiff, only a mere 16 months at the time, was being treated for superficial and partial...
Teacher convicted for failing to report sexual abuse of a child
Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...
Annual Dinner – Parramatta & District Regional Law Society
Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...
What compensation can I get if I have been injured at work?
If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...
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