Assessing Damages Under Section 151Z: An Interaction of Schemes

Size: px
Start display at page:

Download "Assessing Damages Under Section 151Z: An Interaction of Schemes"

Transcription

1 Assessing Damages Under Section 151Z: An Interaction of Schemes Andrew Parker Barrister Henry Parkes Chambers Ty Hickey Barrister State Chambers 1

2 Calculating damages under s 151Z(2) of the Workers Compensation Act Introduction 1. The assessment of damages involving negligent employers and third parties 1 is an arbitrary yet interesting process. Whilst it is quite common for workers to be injured due to the negligence of an employer and a third party, it is often the case that employers are not sued at common law; or, if they are, the injured worker and employer are united in defending the actions of the employer. 2. It is in those cases where injured workers claim that the third party s negligence is greater than that of his or her employer.the reason for this is simple. The assessment of damages in such matters is determined through s 151Z(2) of the Workers Compensation Act 1987 (WCA). That section dictates that the damages awarded are apportioned between the two tortfeasors in accordance with their own statutory schemes. 3. As the assessment of damages under the WCA is comparatively restrictive, an injured worker becomes actively interested in ensuring some other defendant is found to be more liable for the accident. As a general rule, the more negligent the employer, the less damages the injured worker is likely to receive. 4. This paper will attempt to explain the considerations involved for injured workers who take, or are entitled to take, proceedings against an employer and a third party tortfeasor. The paper will firstly explain the role of s 151Z(2) and the difference this section has had on common law. Secondly, an examination of the statutory schemes will take place, followed by an analysis of the apportionment of liability as between employers and occupiers. In the final sections a shorthand method of calculating damages will be provided, together with the statutory method under s 151Z(2). 1 This paper will refer to third parties as either occupiers or motor vehicle tortfeasors 2

3 Section 151Z(2)vs Common Law 5. Section 151Z states: (2) If, in respect of an injury to a worker for which compensation is payable under this Act: (a) the worker takes or is entitled to take proceedings independently of this Act to recover damages from a person other than the worker s employer, and (b) the worker also takes or is entitled to take proceedings independently of this Act to recover damages from that employer, the following provisions have effect: (c) the damages that may be recovered from the person by the worker in proceedings referred to in paragraph (a) are to be reduced by the amount by which the contribution which the person would (but for this Part) be entitled to recover from the employer as a joint tortfeasor or otherwise exceeds the amount of the contribution recoverable, (d) the amount of the contribution that the person is entitled to recover from the employer as a joint tortfeasor or otherwise is to be determined as if the whole of the damages were assessed in accordance with provisions of Division 3 as to the award of damages (Our emphasis) 6. What s 151Z(2) does is reduce the damages that an injured worker is able to recover in situations where they take, or are entitled to take, proceedings against an employer and a third party. The precise meaning of the provisions will be examined in more detail later in the paper. However, for the moment, it is important to understand that this reflects a vast shift in the assessment of damages, as compared to the common law. 7. Under the common law, when an injured worker brought an action, he or she would recover all of his or her damages, regardless of whether there was one or more tortfeasor who was responsible for the accident. It did not matter if one or more defendants were not joined. The injured worker would recover all of the damages and the defendant/s would have to seek contribution against any other liable tortfeasors. 8. S 151Z(2) in a sense reverses this. It says that the damages will be reduced by the amount by which the contribution which the person would (but for this Part) be 3

4 entitled to recover from the employer as a joint tortfeasor or otherwise exceeds the amount of the contribution recoverable. Further, the reduction is dependent on the contribution the third party could have obtained from the employer, which is assessed pursuant to Division 3 of the WCA. As the next section will demonstrate, because the WCA does not allow for various heads of damage (for example past and future treatment and gratuitous/commercial care), the difference, and hence reduction, can be significant. 9. The general rule is that if the apportionment of liability to the employer is high, damages received by the injured worker will be less, as the contribution that can be recovered in monetary terms will be less. Takes or is entitled to take 10. The phrase takes or is entitled to take in s 151Z(2)(a) and (b) has been subject to a number of judicial decisions. This is due in part to s 151H of the WCA. That section provides: no damages may be awarded unless the injury results in a death of the worker or in a degree of permanent impairment of the injured worker that is at least 15% [WPI]. 11. The court has stated that, in the above context, the entitlement concerns the cause of action, rather than the recoverability of damages 2. Accordingly, an injured worker will be entitled to take those proceedings, even if the damages that would be recovered would be nil. 12. As such, regardless of whether an injured worker has at least 15% WPI, a third party can, theoretically, commence proceedings by way of cross claim pursuant to s 5 of the Law Reform (Miscellaneous Provisions) Act The risk of course is that the court will assess the injured worker s injuries below 15% WPI (which would inhibit any contribution being awarded). 13. Two things arise from this. Firstly, if an injured worker has not been assessed pursuant to the WCA, the court must make the assessment itself 3. Secondly, if no damages can be recovered from the employer, the award of damages to the injured worker must be reduced by the amount by which the contribution which the [third 2 Grljak v Trivan Pty Ltd (In Liq) (1994) 35 NSW LR 82 at 88 (Mahoney JA, Kirby P & Priestley JA agreeing) 3 Izzard v Dunbier Marine Products (NSW) Pty Ltd [2012] NSWCA 132 4

5 party] would (but for this Part) be entitled to recover from the employer 4.In such circumstances, the whole of the employer s liabilityis deducted from the injured worker s damages 5, so that the third party is no worse off. 14. Where a worker has a less than 15% WPI,it is recommended that the Defence in s 151Z(2)(c) be specifically pleaded. A suggested form (customised to the facts) is as follows: In the event that, due to the provisions of WCA, the defendant is not entitled to obtain contribution from the plaintiff s employer at the time of the subject accident, the defendant relies on s151z(2)(c) of the WCA such that the plaintiff s damages ought to be reduced accordingly. Statutory Schemes of Damages Motor Accidents Compensation Act 1999 (NSW) 15. The recovery of common law damages in respect of injuries sustained in a faultbased motor vehicle accident is governed and modified by the provisions of the Motor Accidents Compensation Act 1999 (NSW) (the MAC Act). 16. The damages regime provided for under the MAC Act will only apply in circumstances where the provisions of s3a(1)(a)-(d) are satisfied. Chapter 5 of the MAC Act sets out the modified common law damages that are available and imposes the following restrictions: a. A ceiling limit on the calculation of damages for past and future economic loss, any amount exceeding the indexed net weekly sum is to be disregarded for the purposes of calculating economic loss: Section 125 i. $4, net per week as at 1 October b. A threshold requirement on the recovery of damages for non-economic loss (general damages) requiring the plaintiff s injuries to be assessed as giving rise to a whole person impairment of greater than 10% under the AMA IV and MAA guidelines: Section S 151Z(2)(c) of the WCA 5 Grljak v Trivan Pty Ltd (In Liq) (1994) 35 NSW LR 82 5

6 c. A ceiling limit on the maximum damages recoverable for non-economic loss where the greater than 10% threshold is reached: Section 134 i. $462,000 as at 1 October d. Both threshold and capped damages limitations on the provisions of attendant care services. The relevant section provides that no compensation is to be paid unless services were, or will be, provided for at least 6 hours per week, and for a period of at least 6 consecutive months, and that the amount of compensation awarded for attendant care services must not exceed the average weekly total earnings in NSW dependent on the number of hours provided: Section 141B e. A blanket exclusion on the damages for the damages payable for the loss of the services of a person: Section 142 f. Prescribing a discount rate of 5% on the calculation of all future economic loss as opposed to the 3% discount previously applicable under the common law: Section 127 g. Prescribing a limited statutory entitlement to interest on damages, excluding the recovery of interest on damages for attendant care services, noneconomic loss and a modified entitlement to interest in respect of other damages: Section 137 h. A blanket exclusion on the award of exemplary or punitive damages: Section 144 Civil Liability Act 2002 (NSW) 17. Section 11A of the Civil Liability Act (the CLA) confirms that the damages regime set out in Part 2 of the Act applies to and in respect of an award of personal injury damages, except an award that is excluded from the operation of the Act pursuant to section 3B. In this regard, Part 2 of the CLA applies regardless of whether the claim for damages is brought in tort, in contract, under statute or otherwise 6. 6 Civil Liability Act 2002 (NSW) s 11A(2) 6

7 18. Part 2 of the CLA provides a number of mechanisms aimed at limiting and altering common law damages for personal injury claims. The CLA limits the recovery of damages as follows: i. Providing a ceiling limit on the calculation of damages for past and future economic loss and loss of expectation of financial support. This is achieved by requiring the court to disregard the amount (if any) by which the claimant s gross weekly earnings would have exceeded an amount that is 3 times the amount of average weekly earnings: Section 12 i. As at 18 May 2012: Average weekly earnings $1,054.50, Maximum allowable amount $3, j. Prescribing a discount rate of 5% on the calculation of all future economic loss as opposed to the 3% discount previously applicable under the common law: Section 14 k. Both threshold and capped damages limitations on the provision of attendant care services. The relevant section provides that no compensation is to be paid unless services were, or will be, provided for at least 6 hours per week, and for a period of at least 6 consecutive months, and that the amount of compensation awarded for attendant care services must not exceed the average weekly total earnings in NSW dependent on the number of hours provided: Section 15 l. Both threshold and capped damages limitations on the ability to provide attendant care services. The relevant section provides that no compensation is to be paid unless services were, or will be, provided for at least 6 hours per week, and for a period of at least 6 consecutive months, and that the amount of compensation awarded for attendant care services must not exceed the average weekly total earnings in NSW dependent on the number of hours provided: Section 15B m. Providing a threshold requirement preventing the recovery of damages for non-economic loss (general damages) unless the severity of the plaintiff s non-economic loss is at least 15% of the most extreme case. A sliding scale is provided under the section and a maximum award is available. Section 16 i. Maximum recoverable was $535,000 as at 1 October

8 n. Prescribing a limited statutory entitlement to interest on damages, excluding the recovery of interest on damages for non-economic loss, gratuitous attendant care services or loss of capacity to provide gratuitous services: Section 18 o. A blanket exclusion on the award of exemplary or punitive damages: Section 21 Workers Compensation Act 1987 (NSW) 19. In addition to their entitlements under the workers compensation regimes and various legislative instruments, an injured worker may be entitled to recover modified common law damages under the Workers Compensation Act 1987 (the WCA). Much like under the MAC Act and the CLA, the WCA sets a number of threshold requirements in addition to caps on damages in order to limit the level of damages recoverable by injured workers. 20. Division 3 Part 5 of the WCA limits the recovery of damages as follows: p. The worker is prevented from recovering damages under a common law damages claim unless the worker dies or has sustained a permanent impairment of at least 15%: Section 151H i. Whole person impairment is to be assessed in accordance with the WorkCover and AMA V guidelines. q. The worker is limited to recover damages for past economic loss and future economic loss only: 151G r. Providing a ceiling limit on the calculation of damages for past and future economic loss. This is achieved by requiring the court to disregard the amount (if any) by which the claimant s gross weekly earnings would have exceeded an amount that is the maximum of weekly payments under s 34: Section 151I i. The maximum weekly compensation amount is $1,838.70: section 34 s. Prescribing a discount rate of 5% on the calculation of all future economic loss as opposed to the 3% discount previously applicable under the common law: Section 151J 8

9 t. A blanket exclusion on the award of exemplary or punitive damages: Section 151R Assessing the Damages Apportionment of Liability 21. The principle underlying the provisions contained within s 151Z(2) relates to the fact that the employer is to be liable for the proportion of damages as is required to be assessed under Part 5 of the WCA while the third party tortfeasor is liable for the proportion of damages assessed on general or other modified principles. In order to determine their respective shares, a court is first required to determine the extent to which each of the employer and the third party are responsible for causing the injury. 22. The analysis of the respective levels of fault, if any, of the employer and third party tortfeasor is undertaken in accordance with the general principles of common law. This requires an assessment of the relative culpability of each tortfeasor in accordance with negligence principles. When assessing the fault of an employer it must be borne in mind that employers owe a non-delegable duty of care to their employees. The non-delegable duty rests on the employer whether or not the employer takes any share in the conduct of the operations 7 and however the business is formed and structured 8. An employer that is the subject of a nondelegable duty cannot escape liability if the duty has been delegated and not subsequently properly performed In circumstances where workers are engaged on premises owned and operated by tortfeasors other than the employer, as occurs in labour hire arrangements, it is often submitted that an apportionment of 20% liability to the employer and 80% liability to the occupier is appropriate. There are a number of cases that reflect such an apportionment, including Maricic v DalmaFormework 10 and TNT Australia v Christie 11. However, whilst such cases may provide general guidance they should not be treated as a mathematical standard, every matter should be considered on its own 7 Wilsons and Clyde Coal Co Ltd v English [1938] AC 39 (at 84) 8 André Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 at 34 9 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 at Maricic v Dalma Formwork (Australia) Pty Limited [2006] NSWCA TNT Australia Pty Limited v Christie [2003] NSWCA 47 9

10 facts. Indeed, the need to assess the liability of the employer on the facts of each case was emphasised by Basten JA in Maricic 12. Calculating Quantum 24. Once the respective liabilities of the employer and the third party are determined, the court is able to assess damages under the corresponding applicable quantum regimes. The workers aggregate entitlement will be the total of those two recoverable amounts, subject to any contributory negligence issues. Tobias JA noted that the outcome is that: the workers right to recover damages is now to be treated on the basis that that right extends to each individual tortfeasor (whether the employer or non-employer tortfeasor) to the extent only of that tortfeasor's percentage of responsibility for the accident. 25. The result is that the previous common law principle that a plaintiff may choose to proceed against a single tortfeasor, despite the existence of two or more, and recover the full amount of damages from that tortfeasor without regard to contribution, is displaced. 26. The method of calculation has been affirmed on a number of occasions, with McColl JA s judgment in Pollard v Baulderstone Hornibrook 13 providing a concise analysis of the steps to be undertaken 14. The shorthand method 27. The shorthand method is a quick and easy way to calculate damages, provided you are in a position to assess the respective liabilities of each tortfeasor. Formula: Damages = Damages assessed against non-employer tortfeasors PLUS Damages assessed against employer tortfeasor 12 Maricic v Dalma Formwork (Australia) Pty Limited [2006] NSWCA 174 at Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA Ibid [2008] NSWCA 99 at 30 10

11 Example 1: 28. Injured worker brings a claim against a third party occupier and against his employer. The Court apportions liability 75% against the occupier and 25% against the employer. 29. The Court then assesses damages under the CLA at $100,000 and damages under the WCA at $50,000. No contributory negligence is found against the injured worker. 30. Damages are calculated as: 75% of $100,000 (representing the occupier s liability) plus 25% of $50,000 (representing the employer s liability). The total to the plaintiff is $87,500. Example 2: 31. Assume there is a further defendant (say a motor vehicle driver), who is also liable for the accident. If there were three tortfeasors: an occupier (50%), employer (20%), and a motor vehicle driver (30%), with damages assessed at $100,000 (CLA) $50,000 (WCA), and $60,000 (MACA) respectively, the following is the calculation: CLA tortfeasor = $50,000 (50% of $100,000) WCA employer = $10,000 (20% of $50,000) MACA tortfeasor = $18,000 (30% of $60,000) The total damages awarded to the plaintiff would be$78,000. Calculations in accordance with the s 151Z(2) formula 32. This involves multiple steps. It is best illustrated by way of examples. Example Mr Smith is a concrete agitator who is employed by Labour Hire Pty Limited (LH). Labour Hire hires the services of its employees to various companies in the building and construction industry throughout New South Wales. Smith is hired out to Construction Company Ltd (CC) to deliver concrete to a construction site at Bankstown. 34. On 1 January 2008 Smith delivers concrete to the Bankstown site. When Smith alights from the truck, he falls down an unsealed hole, which was covered by a tarpaulin. He was on his mobile phone at the time he stepped on the tarpaulin. 35. Smith proceeds against LH for compensation under the WCA. He is assessed by an AMS with a 12% WPI for injuries to his back and neck. He does not commence 11

12 proceedings against his employer as his impairment is less than 15% WPI. He instead brings a claim in negligence against CC, as occupier of the Bankstown site. 36. CC denies negligence, alleges contributory negligence, and also alleges the employer is to blame for the accident. 37. Following the hearing, the Court makes the following findings in relation to liability: CC breached a duty of care owed to Smith by failing to ensure the premises were safe for persons in a class such as Smith. LH breached its non-delegable duty of care to Smith by failing to train and prohibit Smith from using mobile phones whilst on delivery sites. Smith was also contributory negligent by using his mobile phone whilst making the delivery. 38. The court apportions liability as 80% to CC and 20% to LH. Smith s contributory negligence is assessed at 10%. 39. The court then assesses damages pursuant to the CLA at $100,000 less contributory negligence of 10%. There is no assessment pursuant to the WCA as nothing is recoverable. The calculations are as follows: Damages assessed $100,000 Less contributory negligence ($10,000) Total $90,000 Less employers contribution (20% of $90,000) ($18,000) Plaintiff s award $72,000 Shorthand method Damages assessed pursuant to the CLA less contributory negligence (as against CC)= $72,000 ($90,000x 80%). 12

13 Damages assessed pursuant to the WCA less contributory negligence (as against LH)= nil. Plaintiff s award = $72,000 Example Assume Smith was assessed as having a 15% WPI. Smith decides not to pursue the employer. CC on the other hand cross claims against LH. 41. Liability and apportionment are found by the court as follows: 80% as against CC. 20% as against LH. Contributory negligence of 10%. 42. Damages are assessed under the CLA at $90,000 (including contributory negligence) and $50,000 under the WCA (again, including contributory negligence). 43. In this case damages are assessed as follows: Step 1: Assess the contribution that CC would have been entitled to, but for s 151Z (2)(d):$18,000 (as LH is 20% responsible for the accident, its contribution is, but for s 151Z(2),20% of $90,000) Step 2:Assess the contribution that CC is actually entitled to from LH:$10,000 (20% of $50,000 as assessed under the WCA) Step 3:Calculate the deduction: $8,000 ($18,000 LESS $10,000) Step 4:Damages to Smith: $90,000 less $8,000 = $82,000. Shorthand method: CC: 80% of $90,000 (CLA damages) = $72,000 LH: 20% of $50,000 (WCA damages) = $10,000 Smith s damages: $72,000 plus $10,000 = $82,

An Introduction to Work Injury Damages

An Introduction to Work Injury Damages An Introduction to Work Injury Damages 2010 Edition Author: Christopher Michael Accredited Specialist Blue: Black: Pantone 540C Edwards Michael Lawyers An Introduction to Work Injury Damages 2010 Edition

More information

Common law applies. Generally calculated at 9% of Past Economic Loss. Interest recoverable on the net loss i.e. less refunds.

Common law applies. Generally calculated at 9% of Past Economic Loss. Interest recoverable on the net loss i.e. less refunds. National Round-up: Damages ACT General Damages Motor Vehicle WorkCover Public Liability Medical Negligence Common law applies, and s99 Civil Law (Wrongs) Act 2002 (CLWA) as to previous decisions of Court

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

THE FIRTH V SUTTON DECISIONS

THE FIRTH V SUTTON DECISIONS THE FIRTH V SUTTON DECISIONS Introduction In professional negligence proceedings against a solicitor, the court s aim is to determine what amount of money would put the plaintiff in the position he would

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

Erect Safe Scaffolding (Australia) Pty Limited v Sutton (6 June 2008)

Erect Safe Scaffolding (Australia) Pty Limited v Sutton (6 June 2008) Erect Safe Scaffolding (Australia) Pty Limited v Sutton (6 June 2008) Introduction: Claims for accidents on building sites usually involve multiple parties. There are often contracts between the parties

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY

More information

Civil Liability and Other Legislation Amendment Bill 2009

Civil Liability and Other Legislation Amendment Bill 2009 Civil Liability and Other Legislation Amendment Bill 2009 Explanatory Notes Objectives of the Bill The objective of the Civil Liability and Other Legislation Amendment Bill 2009 is to improve the civil

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

Common law in the workers compensation setting

Common law in the workers compensation setting Briefing paper for SISA members February 2014 Contact: Robin Shaw, Manager Ph: 8232 0100 Fax: 8232 0113 Mobile: 0411 778 251 Contents Introduction... 1 Background... 2 Common law in the workers compensation

More information

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS Implementation of the Panel's Recommendations A national response Recommendation 1 The Panel's recommendations should be incorporated

More information

CUR CURWOODS NEWS BULLETIN. Motor Accident Injuries Amendment Bill 2013

CUR CURWOODS NEWS BULLETIN. Motor Accident Injuries Amendment Bill 2013 CUR CURWOODS NEWS BULLETIN Background Motor Accident Injuries Amendment Bill 2013 The NSW State Government tabled the Motor Accident Injuries Amendment Bill 2013 (the Bill) on 9 May 2013. The Bill purports

More information

CONTRACTUAL INDEMNITY CLAUSES. Tony Kulukovski Thompson Cooper Lawyers 21 November 2011

CONTRACTUAL INDEMNITY CLAUSES. Tony Kulukovski Thompson Cooper Lawyers 21 November 2011 CONTRACTUAL INDEMNITY CLAUSES Tony Kulukovski Thompson Cooper Lawyers 21 November 2011 Leighton Contractors Pty Ltd v Rodney James Smith & Anor [2000] NSWCA 55 Smith was injured on a construction site

More information

Avant Mutual Group Limited. Submissions to the Victorian Competition and Efficiency Commission Inquiry into Aspects of the Wrongs Act 1958

Avant Mutual Group Limited. Submissions to the Victorian Competition and Efficiency Commission Inquiry into Aspects of the Wrongs Act 1958 Avant Mutual Group Limited Submissions to the Victorian Competition and Efficiency Commission Inquiry into Aspects of the Wrongs Act 1958 1. Introduction Avant Mutual Group Limited ( Avant ) is Australia

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

Discount Rates and Life Tables: A Review

Discount Rates and Life Tables: A Review Discount Rates and Life Tables: A Review Hugh Sarjeant is a consulting actuary and Paul Thomson is an actuarial analyst at Cumpston Sarjeant Pty Ltd Phone: 03 9642 2242 Email: Hugh_Sarjeant@cumsar.com.au

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

Concurrent and Proportionate Liability. Patrick O Shea SC and Sue Brown

Concurrent and Proportionate Liability. Patrick O Shea SC and Sue Brown Concurrent and Proportionate Liability Patrick O Shea SC and Sue Brown 1. There have in the last 5 years or so been wide ranging statutory changes to the law affecting concurrent and proportionate liability.

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010 Act No. 24 of 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Contents Page

More information

Tipsheet 11 Hired-In Labour

Tipsheet 11 Hired-In Labour Tipsheet 11 Hired-In Labour Client version May 2009 Updated January 2011 Contracts for labour hire what are the insurance issues when using hired in workers? What is hired in labour? Under a labour hire

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

HIGH COURT OF AUSTRALIA

HIGH COURT OF AUSTRALIA HIGH COURT OF AUSTRALIA CRENNAN, KIEFEL, BELL, GAGELER AND KEANE OHN DALY APPELLANT AND ALEXANDER THIERING & ORS RESPONDENTS Daly v Thiering [2013] HCA 45 6 November 2013 S115/2013 ORDER 1. Appeal allowed.

More information

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Page 1 of 6 Automobile Insurance - S.E.F. No. 44 FAMILY PROTECTION ENDORSEMENT (For Alberta Only) Index Definitions Insuring Agreement

More information

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW The laws relating to automobile insurance coverage are compiled in 75 Pa.C.S.A. 1701 et seq., known as the Act 6 Amendments to the PA Motor Vehicle Financial

More information

THE SECOND HARBOUR TUNNEL. A case study illustrating recent issues in construction insurance

THE SECOND HARBOUR TUNNEL. A case study illustrating recent issues in construction insurance THE SECOND HARBOUR TUNNEL A case study illustrating recent issues in construction insurance Andrea Martignoni, Partner Malcolm Stephens, Senior Associate Allens Arthur Robinson Insurance Forum: Wednesday

More information

NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012

NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012 NEW Law Pty Ltd ABN 51 148 002 368 50 O Dea Avenue Waterloo NSW 2017 NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012 Last week the NSW Government put through a bill to amend the Workers

More information

New South Wales: Amendments to Workers Compensation Legislation June 2012

New South Wales: Amendments to Workers Compensation Legislation June 2012 There are two primary pieces of legislation governing Workers Compensation in New South Wales: Workplace Injury Management and Workers Compensation Act 1998 The Workers Compensation Legislation Amendment

More information

CLAIMS HANDLING GUIDELINES. for CTP Insurers

CLAIMS HANDLING GUIDELINES. for CTP Insurers CLAIMS HANDLING GUIDELINES for CTP Insurers Initially issued 2000 Reissued: 1 July 2004; 18 September 2006; 1 July 2008; 1 October 2008, 1 May 2014 INTRODUCTION The MAA Claims Handling Guidelines (the

More information

Civil Liability Amendment (Personal Responsibility) Bill 2002

Civil Liability Amendment (Personal Responsibility) Bill 2002 Passed by both Houses New South Wales Civil Liability Amendment (Personal Responsibility) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide December 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under

More information

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE NSW Arabian Horse Association Inc v Olympic Coordination Authority [2005] NSWCA 210 New South Wales Court of Appeal, 23 June 2005 Facts The

More information

Australian Proportionate Liability Regime

Australian Proportionate Liability Regime Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS

More information

WORKPLACE COMPENSATION CLAIM SUCCESS

WORKPLACE COMPENSATION CLAIM SUCCESS WORKPLACE COMPENSATION CLAIM SUCCESS THE 6 MOST COMMON MISTAKES PEOPLE MAKE What you need to know to make sure you have a successful workers compensation claim At Garling & Co we have dealt with thousands

More information

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Consultation Report Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 Legal Policy 68 The

More information

Compensation to Relatives NSW Law Reform Commission Consultation Paper 14

Compensation to Relatives NSW Law Reform Commission Consultation Paper 14 Compensation to Relatives NSW Law Reform Commission Consultation Paper 14 Submission by Insurance Council of Australia Insurance Council of Australia Limited 14 June 2011 ABN: 50 005 617 318 Level 4, 56

More information

Personal Injuries: A Practical Introduction

Personal Injuries: A Practical Introduction Personal Injuries: A Practical Introduction Common law or not? 1. In some areas of human activity the legislature has excluded the operation of the common law tort of negligence and different, usually

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended for information and reference purposes only.

More information

COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM

COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout

More information

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell:

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell: February 20, 1978 ATTORNEY GENERAL OPINION NO. 78-81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights

More information

Motor Accidents Compensation Act 1999 No 41

Motor Accidents Compensation Act 1999 No 41 New South Wales Motor Accidents Compensation Act 1999 No 41 Status information Currency of version Historical version for 1 July 2013 to 31 December 2013 (generated 17 January 2014 at 17:05). Legislation

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public) H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA 1 NOT REPORTABLE IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA JOHANNESBURG CASE NO: 46854/2009 DATE: 29/04/2011 DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide October 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under some

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission:

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission: BACKGROUND This submission is made further to the NSW Minerals Council s initial submission of September 2003 and our appearance before the 4 December 2003 public hearing in Sydney. Our comments remain

More information

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Law Society This presentation has been prepared for the Actuaries Institute Injury Schemes Seminar. The Institute Council

More information

CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES LAWS OF BRUNEI ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY

CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES LAWS OF BRUNEI ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY Fatal Accidents and Personal Injuries CAP. 160 1 LAWS OF BRUNEI Section CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Citation 2. Application PART II FATAL

More information

Motor Accidents Compensation Act 1999 No 41

Motor Accidents Compensation Act 1999 No 41 New South Wales Motor Accidents Compensation Act 1999 No 41 Status information Currency of version Historical version for 16 November 2010 to 31 October 2011 (generated 2 November 2011 at 12:08). Legislation

More information

Trade Practices Amendment (Personal Injuries and Death) Bill (No. 2) 2004

Trade Practices Amendment (Personal Injuries and Death) Bill (No. 2) 2004 INFORMATION, ANALYSIS A ND A DV ICE FO R THE PA RL IA MENT INFORMATION AND RESEARCH SERVICES PARLIAMENTARY LIBRARY Bills Digest No. 114 2003 04 Trade Practices Amendment (Personal Injuries and Death) Bill

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

ALASKA TORT REFORM SURVEY

ALASKA TORT REFORM SURVEY ALASKA TORT REFORM SURVEY SUMMARY OF LEGISLATION AND SURVEY QUESTIONS I. The cap on non-economic damages was revised under AS 09.17.010. Before 8/7/97, the cap was $500,000 for each claim based on a separate

More information

GIO Workers Compensation Western Australia Employer Indemnity Policy

GIO Workers Compensation Western Australia Employer Indemnity Policy GIO Workers Compensation Western Australia Employer Indemnity Policy Index Introduction... 1 Definitions...1 Workers Compensation Insurance...2 Common Law Insurance...2 Policy limit of the Common Law Insurance...3

More information

Beyond the Pain Threshold

Beyond the Pain Threshold Beyond the Pain Threshold Speech given by John North, President, Law Council of Australia at the Personal Injury and Compensation Forum organised by the Law Council of Australia, Sydney 3 June 2005 GPO

More information

Motor Accidents Compensation Amendment Act 2006 No 17

Motor Accidents Compensation Amendment Act 2006 No 17 New South Wales Motor Accidents Compensation Amendment Act 2006 No 17 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Consequential amendments

More information

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002

More information

A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE

A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE By Stuart Ross and Bottom Line Research & Communications 1 Introduction We all deal with allegations of contributory negligence in response to the claims of a

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

2012 Reforms to NSW Workers Compensation Scheme The Safety Conference

2012 Reforms to NSW Workers Compensation Scheme The Safety Conference 2012 Reforms to NSW Workers Compensation Scheme The Safety Conference Rhett Slocombe Sparke Helmore Lawyers October 2012 adelaide brisbane canberra melbourne newcastle perth sydney upper hunter Overview

More information

MOTOR INSURER S BUREAU OF IRELAND

MOTOR INSURER S BUREAU OF IRELAND MOTOR INSURER S BUREAU OF IRELAND COMPENSATION OF UNINSURED ROAD ACCIDENT VICTIMS Agreement dated 29th January 2009 between the Minister for Transport and the Motor Insurers Bureau of Ireland (MIBI) AGREEMENT

More information

Motor Accidents Compensation Act 1999 No 41

Motor Accidents Compensation Act 1999 No 41 New South Wales Motor Accidents Compensation Act 1999 No 41 Contents Page Chapter 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Meaning of owner of motor vehicle 6 5 Objects of Act 7

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

Update to your Vero MotorPlan policy

Update to your Vero MotorPlan policy Update to your Vero MotorPlan policy As a result of a change brought about by the Sentencing Amendment Act 2014, we would like to bring to your attention an update to our Vero MotorPlan policy wording.

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

SECTION 1. Chapter 671, Hawaii Revised Statutes, is. amended by adding five new sections to be appropriately

SECTION 1. Chapter 671, Hawaii Revised Statutes, is. amended by adding five new sections to be appropriately A BILL FOR AN ACT NO. \32S RELATING TO TORTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Chapter 671, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately

More information

professional negligence:

professional negligence: professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court

More information

APPORTIONMENT OF LIABILITY: UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY ACT AS COMPARED TO RESTATEMENT THIRD, TORTS

APPORTIONMENT OF LIABILITY: UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY ACT AS COMPARED TO RESTATEMENT THIRD, TORTS APPORTIONMENT OF LIABILITY: UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY ACT AS COMPARED TO RESTATEMENT THIRD, TORTS Presented by: Douglas G. Houser Bullivant Houser Bailey, P.C. Portland, Oregon -2- Where

More information

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6)

2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) 2 Liability Coverage; Direct Compensation Property Damage (Sections 3 and 6) Learning Objectives When you finish this study, you should be able to meet the following objectives: Discuss the legal basis

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

DEPARTMENT OF HEALTH THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION

DEPARTMENT OF HEALTH THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION DEPARTMENT OF HEALTH THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002 The executive committee

More information

Employer Indemnity Policy. Western Australia Workers Compensation and Injury Management Act 1981

Employer Indemnity Policy. Western Australia Workers Compensation and Injury Management Act 1981 Employer Indemnity Policy Western Australia Workers Compensation and Injury Management Act 1981 Table of contents page Introduction 2 Definitions 2 Workers Compensation Insurance 4 Common Law Insurance

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

Negligence and Damages Bill

Negligence and Damages Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie

More information

CEPU Representatives Guidelines Australia Post Workers Compensation

CEPU Representatives Guidelines Australia Post Workers Compensation CEPU Representatives Guidelines Australia Post Workers Compensation Introduction This Union Representatives Guide provides information on the following rights and entitlements of workers' compensation

More information

A new Return to Work scheme for South Australians

A new Return to Work scheme for South Australians A new Return to Work scheme for South Australians A policy statement to support the Return to Work Bill 2014 www.yoursay.sa.gov.au/yoursay/changes-to-workcover-august-2014-update Contents A message from

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE. Brisbane 15 November 2002

JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE. Brisbane 15 November 2002 JOINT COMMUNIQUE MINISTERIAL MEETING ON PUBLIC LIABILITY INSURANCE Brisbane 15 November 2002 Commonwealth, State and Territory Ministers and the Senior Vice President of the Australian Local Government

More information

AGAINST THIRD PARTY CLAIMS

AGAINST THIRD PARTY CLAIMS COMPULSORY - INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY CLAIMS Between 1936 and 1943 all States in Australia introduced legislation to compel owners of motor vehicles to insure against liability to

More information

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions [05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions Contents Sections 123 and 201, and Schedule 3 of the Taxes Consolidation Act, 1997 Updated April 2014 1. Introduction...3

More information

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,

More information

Motor Vehicles (Third Party Insurance) Regulations 2013

Motor Vehicles (Third Party Insurance) Regulations 2013 Version: 1.7.2013 South Australia Motor Vehicles (Third Party Insurance) Regulations 2013 under the Motor Vehicles Act 1959 Contents 1 Short title 2 Commencement 3 Interpretation 4 Claim for compensation

More information

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps)

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps) LC 0 Regular Session // (TSB/ps) D R A F T SUMMARY Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that

More information

CASE COMMENT. by Craig Gillespie and Bottom Line Research

CASE COMMENT. by Craig Gillespie and Bottom Line Research CASE COMMENT by Craig Gillespie and Bottom Line Research On June 29, 2012 the Supreme Court of Canada released Clements v. Clements, [2012] 7 W.W.R. 217, 2012 SCC 32, its latest in a series of judgements

More information

ALASKA TORT REFORM SURVEY

ALASKA TORT REFORM SURVEY ALASKA TORT REFORM SURVEY SUMMARY OF LEGISLATION AND SURVEY QUESTIONS I. The cap on non-economic damages was revised under AS 09.17.010. Before 8/7/97, the cap was $500,000 for each claim based on a separate

More information

3.09 Injury andassault

3.09 Injury andassault 3.09 Injury andassault This policy is about what happens if you suffer injury while at work and the actions that your and NICS must take if this occurs. The policy also details some of the payments that

More information

A Comprehensive Guide to Tort Law Reform throughout Australia. Mark Doepel, Partner Chad Downie, Solicitor

A Comprehensive Guide to Tort Law Reform throughout Australia. Mark Doepel, Partner Chad Downie, Solicitor A Comprehensive Guide to Tort Law Reform throughout Australia Mark Doepel, Partner Chad Downie, Solicitor Australian Tort Law Reform Contents Introduction 2 Legislative developments by the States and Territories

More information

More than you bargained for -

More than you bargained for - More than you bargained for - The effect of British Columbia s Universal Automobile Insurance on American, and other out-of-province, Insurance Policies 1. INTRODUCTION When motorists venture into the

More information

The Liability of Lessors and the Insurance Implications of Bill 35

The Liability of Lessors and the Insurance Implications of Bill 35 The Liability of Lessors and the Insurance Implications of Bill 35 The British Columbia Legislature recently took steps to cap the liability exposure of auto dealers and auto leasing companies. Included

More information