Roberts v Shimmin

In this episode we look at Roberts v Shimmin [2024] NSWDC 171, a recent successful medical negligence proceeding brought against a treating orthopaedic surgeon in respect of a negligently-performed total knee replacement surgery peformed in 2012 on a Plaintiff with no knee cap which had been remove…

Belgrave Heights v Moore

In this episode we consider the case of Belgrave Heights v Moore [2020] VSCA 240, a case in which the Victorian Court of Appeal considered whether, when there is injury suffered in the course of employment to a worker while driving a motor vehicle in the State of Victoria, the application for a "Se…

Mt Owen v Parkes

In this episode we consider the case of Mt Owen v Parkes [2023] NSWCA 77, a case where the NSW Court of Appeal upheld a first instance decision which held a host employer was vicariously liable for the tortious conduct of a host employee, the Court satisfied there had been on the evidence at trial …

Noureddine v Adlard

In this episode we consider the case of Noureddine v Adlard [2022] VSC 719, a judicial review application of a Medical Panel determination decided by Walker JA sitting at first instance in the Victorian Supreme Court which involved a question as to whether, when a Medical Panel requested to provide…

Kozarov v State of Victoria

In this episode we consider the recent High Court of Australia case of Kozarov v State of Victoria [2022] HCA 12, which considered the circumstances in which employers will owe a duty to take reasonable care against the risk of psychological injury to its employees in employment, in the context of …

Faucett v St George Bank

In this episode we consider the decision of the NSW Court of Appeal in Faucett v St George Bank [2003] NSWCA 43 - a case in which the Court overturned a first instance verdict in the Defendant bank's favour, finding liability to its employee bank teller for psychological injuries sustained in the c…

Roman Catholic Trusts Corporation v WCB

In this episode, we consider the decision of the Victorian Court of Appeal in Roman Catholic Trusts Corporation for the Diocese of Sale v WCB [2020] VSCA 328, a case which considered the proper approach and principles to apply in exercising discretion under recently-introduced legislative provision…

Bondi Beach Foods v Chadwick

In this episode we consider the recent case of the NSW Court of Appeal in Bondi Beach Foods v Chadwick [2023] NSWCA 265, which considered the liability of the owner/operator of a licensed venue and a security contractor for injuries sustained to a patron caused by an altercation by another intoxica…

Connelly v TAC

In this episode we consider the case decided last week by the Victorian Court of Appeal in Connelly v TAC [2024] VSCA 20, an important case where the Court overturned the longstanding authority from 1997 of Mobilio v Balliotis which held that the standard of appellate review of "serious injury" det…

Biggs v O'Connor

In this episode we consider the case of Biggs v O'Connor [2021] VSC 826, a case decided by Justice Keogh of the Victorian Supreme Court, which considered the liability of a motorcycle rider for damages for negligently inflicted psychiatric injury to a secondary victim, here the spouse of the deceas…