Doctors duty to provide information – Duty to warn

September 24th, 2009

Medical practitioners have always had a legitimate concern about the extent to which the law imposes an obligation on them to warn patients of the risk involved in a particular procedure or treatment. In Queensland some certainty has been provided by the Civil Liability Act 2002(Qld) and provisions dealing with the proactive and reactive duties of doctors to warn of risks

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Liability By Design

September 24th, 2009

Drummond and Rosen Pty Limited v Easy & Or’s [2009] NSWCA 74

Architects and design professionals have experienced an increased exposure to personal injury claims in the last five or so years, particularly in Queensland following the enactment of the Personal Injuries Proceedings Act 2002. Where persons suffer injury as a result of an alleged defect in a premises or structure the architect is commonly joined to the claim, even in cases where the architect has a rather limited involvement. Against this background a recent decision of the New South Wales Court of Appeal is welcome news to architects, design professionals and their insurers.

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Sharon Templeton - Promotion to Partnership

July 27th, 2009

We are pleased to announce the promotion of Sharon Templeton to partnership. Sharon commenced with the firm as a Senior Associate in 2001 and has over 10 years experience in construction litigation and insurance law. She acts for insurers, self-insureds and underwriters with respect to complex public liability, product liability and property damage [...]

Insurance Law Review - September 2009

July 21st, 2009

Our seventh Annual Insurance Law Review titled “Weathering the Storm” will be held in Brisbane and Sydney in September 2009.
Dr Andries Terblanché, Chairman of Financial Services for KPMG, will discuss the global financial crisis in an insurance context.
For more information click here or contact Fiona Sennett to register your interest.

Professional Edge Workshops – July 2009

July 1st, 2009

Barry & Nilsson’s Professional Edge team will present their next 2 workshops in Brisbane and Sydney in July:
The Blame Game: The Law of Negligence & Contractual Liability (Part 1)
The Insurance Contracts Act: A User’s Guide
The workshops are specifically designed to give insurance professionals a practical yet competitive advantage in the workplace. Presented by Robert [...]

Construction Conundrum Webcast

June 10th, 2009

Our Insurance & Health team presented its latest Boardroom Update on 25 March 2009. Entitled “Construction Conundrum”, the presentation considered statutory duties, private rights of action and the expanding duty of care owed by employers and principal contractors in the context of the Workplace Health and Safety Act 1995 (Qld). Paul Birkett, a Senior Associate [...]

Judicial consideration of hoteliers’ liability

March 10th, 2009

The New South Wales Court of Appeal has recently delivered judgment in 3 matters involving personal injuries occurring on or around licensed premises. We discuss each of those judgments below – the common threads, the distinguishing features and the impact for insurers of hoteliers moving forward.
Rooty Hill RSL Club Limited v Karimi [2009] NSWCA 2 [...]