By: Mark Brookes, Partner, Dee Wood, Senior Associate and Tom Pepper, Solicitor
Our January 2016 newsletter discussed the introduction of the Federal Court of Australia’s (Federal Court) new ‘Insurance List for short matters’ (List). Chief Justice Allsop has recently toured the country delivering a briefing on the List for legal practitioners and industry stakeholders. This newsletter provides further details surrounding the List’s operation and its potential advantages for both insurers and insureds.
By: Mark Brookes, Partner and David Fisher, Senior Associate
In Kelly v Willmott Forests Ltd (in liq) (No 4)  FCA 323 the Federal Court was asked to approve a settlement in class action proceedings. The court refused to do so, finding the settlement was not fair and reasonable having regard to the interests of all class members.
By: Rebecca Stevens, Partner and Tina Lung, Solicitor
Recently the New South Wales Court of Appeal and the Australian Capital Territory Supreme Court have each handed down judgements involving plaintiffs who were injured while participating in water sports. These cases shed further light on the potential limitation of liability for accidents that occur in a recreational setting.
Contact: Rebecca Stevens, Partner and Allison Bailey, Senior Associate
The Supreme Court of New South Wales has recently considered the construction of an indemnity clause in a labour hire agreement to determine whether a company could enjoy an indemnity for its own negligence in a personal injuries matter, in the case of Frewin v Adecco Industrial Pty Limited  NSWSC 1568.
Conact: Rebecca Stevens, Partner, Ryan Stehlik, Senior Associate and Brett Sherwin, Solicitor
The Industrial Court of Queensland has overruled a decision of the Queensland Industrial Relations Commission regarding whether a worker who was injured while sleeping, fell within the parameters of the Workers Compensation and Rehabilitation Act 2003 (Qld) (Act).