This article highlights the 7 July 2022 decision of the Supreme Court of NSW in Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909, which affirms the principle that vicarious liability is not dependent on contractual arrangements, but rather on a question of fact.

The 30 May 2022 decision in Leggett v Hawkesbury Race Club Limited (No 4) [2022] FCA 622, handed down by a single Judge in the Federal Court of Australia, has highlighted numerous issues which give pause for thought – specifically regarding how employers should manage their risk, and how injured workers should bring claims for damages for personal injury.

Where an employer is exposed to damages for breach of provisions of the Fair Work Act 2009 or other Commonwealth legislation (such as anti-discrimination law, as well as in negligence), the Federal Court is not restricted in the way it assesses damages by the limitations in the NSW Workers Compensation Act 1987.

With this in mind, employers within the NSW workers compensation scheme may be entitled to indemnity from Icare and SIRA if the breach of the Fair Work Act 2009 arises from an “injury” to the worker. 

The Court has made it clear though, that a worker cannot double dip - and must account for any state compensation received

On 24 February 2022 the Supreme Court issued a decision in the matter of Jarvis v Allianz Insurance Ltd [2022] NSWSC 161.

This matter involved an Application for Judicial Review of the Medical Review Panel’s determination that the psychiatric injuries sustained by the Plaintiff did not give rise to a greater than 10% Whole Person Impairment.

Insurance Partner Stephanie Davis takes a look at the decision in this matter.