Litigation Law, Mediation Law and Arbitration Law

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

NSW emergency service volunteers who suffer workplace injuries resulting in permanent impairment may be entitled to lump sum compensation. Understanding the assessment thresholds, timing requirements, and common disputes in permanent impairment claims is essential for maximizing entitlements under the statutory framework.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

As Group 2 entities commence their first reporting period under Australia's mandatory climate reporting regime, ASIC's early observations highlight key disclosure expectations and areas for caution.

Music festivals are high-energy and chaotic events with thousands of people in attendance – often involving alcohol and illicit drugs. For years, many young people in New South Wales were taken into tents and portable cubicles at music festivals for strip searches, told to remove their clothing, and made to squat, bend or lift body parts while police looked on. This process is obviously extremely demeaning, and forces people into extremely uncomfortable positions at the demand of authorities.

Australian class action risk is no longer shaped primarily by domestic precedent. Overseas litigation, regulatory action and global funding dynamics increasingly operate as leading indicators – setting the direction, timing and form of claims that later emerge in Australia.

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

When equipment is hired out but later damaged, hire businesses face a familiar challenge: who says the equipment wasn’t already faulty, who bears the risk, and can the hirer recover the cost of repair? The NSW Supreme Court’s decision in Civiltrak Sydney Pty Ltd v Orange Equipment Pty Ltd t/as Orange Hire offers valuable guidance to solving this puzzle.

Reputation is the essence of an individual’s standing within the community. A person’s goodwill or repute can significantly affect their personal relationships, business prospects, employment opportunities, and overall engagement in society. Damage to reputation, whether through written or spoken statements, can therefore have serious and lasting consequences.

The NSW Civil and Administrative Tribunal (Tribunal) has suspended a specialist surgeon’s registration for six months following serious deficiencies in her surgical care, colonoscopy procedures, post-operative management and record-keeping.

Nurses and other healthcare workers who suffer injuries while caring for patients in hospitals, aged care facilities, or other clinical settings often ask whether their employer may be legally responsible for the harm they have suffered.

A New South Wales Supreme Court case examines the challenges of pursuing a medical negligence claim more than 20 years after surgery, where the plaintiff's credibility was severely undermined during 14 days of cross-examination. The judgment addresses critical issues surrounding limitation periods, the requirement for cogent explanations of delay, and the evidentiary burden of establishing disability or incapacity to suspend statutory time limits.