The New South Wales Bar Association has announced the names of the new Senior Counsel for 2014. To see the list visit http://www.nswbar.asn.au/docs/webdocs/silks_021014_x.pdf
Sydney, Australia
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Free guide to the Land and Environment Court
A Practitioners Guide to the Land and Environment Court (third edition, 2009) is a handy introduction to the rules and procedures of the NSW Land and Environment Court. It is published free of charge courtesy of the Environmental Law Committee of the NSW Young Lawyers.
Sydney, Australia
1300 00 2088
Free guide to selling a home
For a free copy of the Guide to Selling a Home visit http://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/657103.pdf
1300 00 2088
Barclay v Penberthy [2012] HCA 40 | 2 October 2012
ON 2 OCTOBER 2012, the High Court of Australia delivered Barclay v Penberthy [2012] HCA 40 (2 October 2012)
1.It was confirmed that the rule in Barker v Bolton [1808] EWHC KB J92; (1808) 1 Camp 493 [170 ER 1033] continues to form part of the common law of Australia so that the death of a person does not in and of itself create a cause of action giving rise to a claim for damages. The court held that the employer who lost two employees in an aviation accident could not recover damages for their death even thought their death was caused by the negligence of others.
2.Confirmed that an action per quod servitium amisit (“per quod“) continues to form part of the common law of Australia so that an employer may be awarded damages for the loss of services of an injured employee. The court held that the employer could recover damages from the negligent pilot, his employer and aeronautical engineer for the market value of the loss of the services of its injured employees, calculated with reference to the cost of substitute labour less the wages no longer payable to the injured employees.
3.Held that the negligent pilot and employer owed a duty to the employer of the passengers no to cause it economic pure loss.
Sydney, Australia
1300 00 2088
Annual increase to Civil Liability damages cap
FROM 1 OCTOBER 2014, the Civil Liability (Non-economic Loss) Amendment Order 2014 adjusts the amount that may be awarded for non-economic loss under the Civil Liability Act 2002 (NSW) from $551,500 to $572,200.
Sydney, Australia
1300 00 2088
Annual increase to motor accident damages caps
FROM 1 OCTOBER 2014, the Motor Accidents Compensation (Determination of Loss) Amendment Order 2014 adjusts the Motor Accidents Compensation Act 1999 by:
- increasing, from $477,000 to $492,000, the maximum damages that may be awarded for non-economic loss under s134.
- increasing, from $4,376 to $4,512, the amount beyond which the court must disregard pre-accident weekly earnings when assessing damages for past or future loss of earnings, deprivation or impairment of earning capacity or loss of expectation of financial support under s125.
The order relates to awards of damages for injury or death as a consequence of a motor accident.
Sydney, Australia
1300 00 2088
Free guide to buying a house
For a free copy of the Guide to Buying a Home visit: https://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/657101.pdf
Sydney, Australia
1300 00 2088
Motor Accidents Compensation Act 1999 (NSW)
ON 1 OCTOBER 1999, the Motor Accidents Compensation Act 1999 (NSW) commenced.
The Act introduced significant changes to assessment of damages for personal injuries arising from the use or operation of a motor vehicle in NSW. Such changes included:
- The establishment of the Motor Accidents Assessment Service (MAAS) of the Motor Accidents Authority, consisting of the Claims Assessment and Resolution Service (CARS) and Medical Assessment Service (MAS).
- The requirement that a s91 certificate be issued by CARS before court proceedings may be commenced.
- The requirement that CARS assess claims in which the insurer has admitted fault and that the assessments be binding on the insurer but not the claimant.
- The requirement that MAS assess medical treatment or permanent impairment disputes.
- Caps on damages for non-economic loss, domestic services and loss of earnings.
- Thresholds to entitlement to damages for domestic services and non-economic loss, including a greater than 10% permanent impairment threshold for non-economic loss.
- Abolition or damages for loss of services.
- Restrictions on damages for compensation to relatives.
- Restrictions on interest.
- Restrictions on legal costs.
Motor accident claims have also been affected by the subsequent enactment of the Civil Liability Act 2002 (NSW) and the Motor Accidents (Lifetime Care and Support) Act 1996 (NSW).
Sydney, Australia
1300 00 2088
Seat belts became compulsory in NSW | 1 OCTOBER 1971
ON 1 OCTOBER 1971, the wearing of seatbelts became compulsory in New South Wales.
Sydney, Australia
1300 00 2088
International Day of Older Persons
OCTOBER 1 is the United Nations International Day of Older Persons.
For more information visit http://www.un.org/en/events/olderpersonsday/ and https://www.humanrights.gov.au/news/events/international-day-older-persons-0
Sydney, Australia
1300 00 2088
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