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29July 2016

Council’s Application to be released from claim falls down the man hole.

by Robert Parcell, Consultant

Plaintiffs often join multiple parties to a claim where it is uncertain as to who the relevant Defendant should be. In factually complex cases it is often left open to the Court to decide liability and the responsible Defendant. The...

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21July 2016

Riding 1,000,000 metres for Motor Neurone Disease

By Andre Wyman, Solicitor

The thought of taking a road trip from Brisbane to Sydney would often have people opening their internet browser to search for flights. Kaden Boriss Legal however instead opted to join a team of cyclists to ride the 1000 kilometres...

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19July 2016

Appeal – Pool injury not caused by a breach of duty by Council.

By Jennifer Davis, Solicitor

Uniting Church in Australia Property Trust (NSW) v Miller [2015] NSWCA 320 provides a timely reminder that causation is a critical requirement for a finding of negligence. Emilie Miller (“the Plaintiff”), aged 12, suffered traumatic spinal injuries after diving into the...

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15July 2016

Insurers beware – exemption clause applicable, but insurer required to indemnify for jet ski accident

by Belinda Hughes, Special Counsel

The recent decision of Whittington v Smeaton [2016] ACTSC 76 held that an insurer has no power to refuse to pay a claim on the basis of an act by the insured, if the act is not reasonably regarded as...

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09July 2016

A real head-turner ! Risk of injury not foreseeable for person who concealed previous injury.

by Hamish Broadbent, Partner

The recent decision of Rayner v Brisbane City Council [2015] QDC 100 reaffirms that Local Councils, like any employer, may escape liability for workplace injuries where the circumstances were not foreseeable and an employee deliberately conceals a relevant history of...

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