Earlier this year we produced an article which discussed intentional torts, such as assault and battery, and how the Civil Liability Act NSW applies to these actions. The article can be found here. The problem with intentional torts is that the assaulter is very unlikely to have insurance to cover their actions and is highly likely to have a limited
In the recent Western Australian case of Martin v Minister for Health [2016] WADC15 a 63 year old man brought a claim against the Armadale-Kelmscott Memorial District Hospital for the negligent treatment that he received from the hospital. The Plaintiff was admitted to the hospital on 20 November 2012 for treatment relating to septic arthritis. On 23 November hospital staff
Many people imagine that contesting a will means they’ll have to attend court and convince a judge of the validity of their case. However, most inheritance disputes are resolved before they ever reach a courtroom. Agreeing a settlement is one way of bringing a will challenge to an early conclusion, provided all parties agree that the terms are fair. But what are
An act of violence which is inflicted by a person which involves direct, intentional or wilful invasion of the physical or mental capacity of that person is called an intentional tort. The three major intentional torts are assault (attacking someone), battery (harming a person) and false imprisonment (keeping someone against their will). The rationale behind intentional torts is that the
At Gerard Malouf & Partners Compensation Lawyers we’ve gathered considerable expertise over the years in two broad areas in particular: workers compensation claims and personal injury claims. While the two areas are often linked in the eye of the public, in reality they address very different scenarios. In this article, we’ll concentrate on workers compensation but use personal injury claims
This recent case provides some assistance, though not ground-breaking judicial guidance on the circumstances in which a road authority, or council may be held liable in negligence for a failure to prevent the criminal acts of third parties. The case of Rankin v Gosford City Council [2015] NSWSC 1354 (Rankin) provided the NSW Supreme Court with the opportunity to delve
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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