Author: Raul Iute
Death of 11-week-old baby leaves government department open to being sued for compensation
In November 2018, a distressing incident in regional South Australia exposed the dark reality of child neglect and systemic failures in child protection services. Government departments and other organisations and institutions have a duty to protect children under their care from harm.
Investigation into historical abuse at Wolston Park Mental Health in Queensland
In a significant development, the Queensland government has announced an investigation into Brisbane's Wolston Park mental health institution following an ABC report that uncovered historical allegations of sexual, psychological and physical abuse at the facility.
Anglican Church defends position in child sexual abuse case against the WACA
In court proceedings in Western Australia, the Anglican Church finds itself at the centre of a complex case involving historical child sexual abuse. Two survivors of child sexual abuse are seeking to include the Church (as a further defendant) in proceedings related to abuse they endured at the hands of an employee of the Western Australian Cricket Association.
Nurse awarded $1.6 million compensation after violent patient assault
The 2023 decision in Wilson v Gold Coast Hospital and Health Service sheds light on the employer's duty of care to its employees and the consequences of failing to meet that duty, particularly in high-pressure environments like healthcare. We dissect the facts, findings, and implications of this significant case which resulted in a worker's compensation common law damages award of over $1.6 million to the injured worker.
Appeal win for vulnerable first nations victim of vile workplace abuse
Since an initial worker’s compensation victory for this First Nations client’s severe exposure to racial abuse, we have weathered two appeals on behalf of our client, both made by the Northern Territory Department of Health. We are now delighted to report a favourable conclusion of these lengthy legal proceedings.
Can employers be vicariously liable for actions of intoxicated workers?
We explore the case of Schokman v CCIG Investments, where the Court considered in detail, the concept of vicarious liability. This matter was ultimately appealed to the High Court.
Event organisers’ duty of care where there is obvious risk of injury
In the 2022 case of Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited, the High Court of Australia considered the issue of duty of care, of the event organisers, when there is an obvious risk of injury.