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07 Feb 2019

The Court of Appeal has unanimously found in favour of a consumer who sustained injury as a consequence of his use of a defective ladder. Interestingly, the injured consumer was only awarded partial costs as a consequence of his initiating proceedings in the wrong court.

Bamber v Hartman Pacific Pty Ltd [2018] NSWCA 248

07 Feb 2019

An injured worker’s Application for judicial review of a Medical Appeal Panel decision has been dismissed with an Order for costs. The Supreme Court rejected the Application in its entirety, finding (amongst other things) that it lacked merit. 

Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638

07 Dec 2018

Rankin Ellison have successfully defended an Appeal by Jasbir Singh (“Appellant”) in the Presidential Division of the Workers Compensation Commission. The Commission has handed down judgment pertaining to the interpretation of Section 322A of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (“1998 Act”).

Jasbir Singh v B & E Poultry Holdings Pty Ltd [2018] NSWWCCPD 52

21 Nov 2018

The witness of a fatal motor vehicle accident recovered workers compensation benefits, compensation under the Motor Accidents Compensation Act 1999 (NSW), and an award of damages under the Civil Liability Act 2002 (NSW). Parrish v Olympic Roadways Pty Ltd & Broome [2018] NSWDC 258 concerned the latter of those claims. His Honour Judge Levy’s judgment serves as an important reminder as to the legal rules pertaining to the onus and standard of proof in a civil action for damages.  

 Parrish v Olympic Roadways Pty Ltd & Broome [2018] NSWDC 258

01 Nov 2018

An issue to be determined in respect of every workers compensation claims is whether the injured person is a ‘worker’ or ‘deemed worker’ in the context of the Workplace Injury Management and Workers Compensation Act 1998 (NSW). The Workers Compensation Commission recently decided an Appeal pertaining to that issue and in doing so advanced important legal principles as to the application of the relevant common law test for distinguishing between an employee and an independent contractor.

Digby v Hyspec Construction & Roofing Pty Ltd [2018] NSWWCCPD 39 

26 Sep 2018

The Court of Appeal recently heard an Appeal against the Supreme Court’s judicial review of a Medical Appeals Panel decision. The Appeal turned on the interpretation of the phrase “permanent impairment” contained in Section 65 and 66 of the Workers Compensation Act 1987 (NSW) (“1987 Act”) and Section 322(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (“1998 Act”).

 Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178

19 Sep 2018

The Queensland District Court recently determined that an employer was liable in negligence for injuries resulting from a physical altercation between two of its employees.

Colwell v Top Cut Foods Pty Ltd [2018] QDC 119

17 Aug 2018

The Presidential Division of the Workers Compensation Commission recently heard an Appeal by Inderjit Mahal, the Appellant, against the first instance decision of an Arbitrator. That Appeal primarily concerned the interpretation of a ‘police officer’ in the context of Schedule 6 Part 19H Clause 25 of the Workers Compensation Act 1987 (NSW) (“1987 Act”).

Mahal v The State of New South Wales (No 3) [2018] NSWWCCPD 30 

01 Aug 2018
Rankin Ellison successfully defended a claim for permanent impairment compensation in circumstances where the Applicant sought to recommence his previously discontinued claim and to be re-assessed by an Approved Medical Specialist.
Jasbir Singh v B & E Poultry Holdings Pty Ltd (26 July 2018) WCC
25 Jul 2018

The Court of Appeal recently heard an Appeal against a trial decision pertaining to a personal injury claim against Bunnings. The Court of Appeal discussed the principles of negligence described by the Civil Liability Act 2002 (NSW) in respect of what a reasonable person is obliged to do.

Bunnings Group Ltd v Giudice [2018] NSWCA 144

12 Jul 2018

The Supreme Court of NSW recently determined liability relating to a personal injury claim by a worker in the course of his employment, but where the injury was caused by the negligence of an employee of another entity working in an adjoining premises.

Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684

28 Jun 2018

Section 151D of the Workers Compensation Act 1987 (NSW) (“1987 Act”) provides a three year limitation period for commencing a claim for work injury damages, which commences from the date of injury. In Gower v State of New South Wales [2018] NSWCA 132, the NSW Court of Appeal considered an Appeal to extend that period by approximately nine and a half years. Though the Appeal was ultimately rejected, the Court’s reasoning indicates a willingness to extend the limitation period in certain circumstances.

 Gower v State of New South Wales [2018] NSWCA 132

06 Jun 2018

It is well established that an employer owes a non-delegable duty of care to its employees to protect them from harm. However, the District Court of NSW recently propounded that in determining whether an employer has breached its duty, it is necessary to also consider the positive responsibilities cast on the injured worker.

 Melanie Sills v State of New South Wales (10 May 2018) NSWDC

17 May 2018

This matter involved an application by the Plaintiff, Mr Caffrey (“Caffrey”), to strike out certain parts of the defence filed by the first Defendant, AAI Limited (“AAI”).   Accordingly, the second Defendant, RACQ Insurance Limited, had no involvement in this application.


10 May 2018

The Western Australia District Court recently heard an action in negligence against a driver who struck and killed a pedestrian. The Court’s decision reiterated the well established common law principles of negligence as well as provided valuable insight into the operation of the Vincents Chartered Accountants and Luntz tables in respect of calculating damages in personal injury claims.

Rowe v Rose [2018] WADC (21 March 2018)

02 May 2018

In 2015, the Workers Compensation Commission determined in State of New South Wales v Stockwell [2015] NSWWCCPD 9 (“Stockwell”) that an injured worker’s entitlement to Section 60 medical expenses does not theoretically cease in the event that they permanently move abroad.

 State of New South Wales v Stockwell [2015] NSWWCCPD 9

24 Apr 2018

Rankin Ellison Lawyers recently defended the Insurer of the Secretary, Department of Education (“Respondent”) in an action brought by Mr Vaughan (“Appellant”) in the Workers Compensation Commission. Upon losing his claim, the Appellant appealed the Arbitrator’s first instance decision.

Vaughan v Secretary, Department of Education [2018] NSWWCCPD (10 January 2018)

19 Apr 2018

Section 59A of the Workers Compensation Act 1987 (NSW) (‘1987 Act’) provides that an injured worker is not entitled to compensation in respect of any treatment, service or assistance that is given or provided after the compensation period has elapsed. However, there are a number of exceptions to that rule. Importantly for the purpose of this case note, the rule does not apply to the provision of “artificial aids”.

Pacific National v Baldacchino [2018] NSWWCCPD 12 (28 March 2018)

28 Feb 2018

This matter arose out of a helicopter crash that resulted in the death of three people. Legal action was commenced by an array of litigants, including the dependants of two of the three deceased persons. Further, a number of additional claims and cross-claims were made by the respective Defendants to the initial proceedings.

 South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312


22 Feb 2018

A win on an interlocutory issue for Rankin Ellison Lawyers. We acted for the Respondent in the above Summons Seeking Leave to Appeal. On behalf of our client, on or about 22 September 2015 we served a Notice to Admit facts stating: ‘On a date prior to 20 December 2010 [Taree Truck Centre] was engaged by [Kneeward] to inspect, service, maintain and repair (the truck) as necessary and Taree carried out regular inspections, servicing and repair of the vehicle’.

Taree Truck Centre Pty Ltd v Kneeward Pty Ltd [2018] NSWCA 16 (15 February 2018)


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