Motor vehicle accident compensation in WA: what to know
As drivers, passengers, and pedestrians, we all hope that the roads in Western Australia are a safe place for all. Unfortunately, motor vehicle accidents can and do happen. In WA in 2015, there were 161 fatalities and 170 critical injuries sustained in reported road crashes.
Court rules for mentally impaired litigants
Order 70 of the Rules of the Supreme Court deals with the practice and procedures which apply when one or more parties to litigation have a mental impairment and what happens to any damages awarded to a person in such circumstances.
Fatal accident; farming partnership
In the matter of BLIGHT -v- RICHARDS & ANOR, the District Court assessed a claim for damages by the 47 year old husband of the deceased who died in a traffic accident as a result of the defendant’s negligence. The plaintiff and the deceased were partners in a farming venture.
Inadequate provision in a will
In February 2015, the Supreme Court, in the matter of Mead v Lemon 2015 WASC 71, considered whether adequate provision had been made from the estate of the late Michael John Maynard Wright. The claim was made by the deceased’s daughter. The estate was estimated to exceed $1 billion.
Fatal accident; prosecution
In July 2014, in the matter of BHP Billiton v Capon 2014 WASC 267, the Supreme Court considered whether BHP was properly convicted of an offence under section 9 of the Mines Safety and Inspection Act arising out of a fatal accident involving one of its employees in 2008 when he was carrying out remedial work on a scissor lift.
Pre litigation negotiations; cost penalty
In June 2013, in the matter of Ion v Harmer 2013 WADC 100, a Judge of the District Court was requested by the Insurance Commission to apply the Commissions policy which was said to be as follows;
Criminal injuries compensation
In December 2014, the Court of Appeal considered a claim for criminal injuries compensation by a person who was assaulted in the course of his employment. A criminal injuries assessor awarded the person $75,000 compensation under the Act.
Injured at a shopping centre
In September 2014, the WA Court Of Appeal in the matter of Doyle (WA) Pty Ltd v Ing Real Estate Joondalup considered a claim against a shopping centre involving a person who tripped and fell whilst walking across a service yard. The person tripped on a metal bracket set in concrete and used to secure large metal gates which closed to keep the shopping centre closed after business hours.
Workcover seminars
WorkCover WA holds a seminar every quarter to provide an introduction to the workers’ compensation scheme in Western Australia.
Current prescribed amounts
WorkCover’s new Schedule of prescribed amounts for;
Workers compensation legislative review
In 2010, the Government approved a two stage review process to replace the current workers compensation legislation. The review process proceeded with the first stage being completed with the passage of amendments to the current Act in 2011.
Motor vehicle accident compensation in WA: what to know
As drivers, passengers, and pedestrians, we all hope that the roads in Western Australia are a safe place for all. Unfortunately, motor vehicle accidents can and do happen. In WA in 2015, there were 161 fatalities and 170 critical injuries sustained in reported road crashes.
Court rules for mentally impaired litigants
Order 70 of the Rules of the Supreme Court deals with the practice and procedures which apply when one or more parties to litigation have a mental impairment and what happens to any damages awarded to a person in such circumstances.
Fatal accident; farming partnership
In the matter of BLIGHT -v- RICHARDS & ANOR, the District Court assessed a claim for damages by the 47 year old husband of the deceased who died in a traffic accident as a result of the defendant’s negligence. The plaintiff and the deceased were partners in a farming venture.
Inadequate provision in a will
In February 2015, the Supreme Court, in the matter of Mead v Lemon 2015 WASC 71, considered whether adequate provision had been made from the estate of the late Michael John Maynard Wright. The claim was made by the deceased’s daughter. The estate was estimated to exceed $1 billion.
Fatal accident; prosecution
In July 2014, in the matter of BHP Billiton v Capon 2014 WASC 267, the Supreme Court considered whether BHP was properly convicted of an offence under section 9 of the Mines Safety and Inspection Act arising out of a fatal accident involving one of its employees in 2008 when he was carrying out remedial work on a scissor lift.
Pre litigation negotiations; cost penalty
In June 2013, in the matter of Ion v Harmer 2013 WADC 100, a Judge of the District Court was requested by the Insurance Commission to apply the Commissions policy which was said to be as follows;
Criminal injuries compensation
In December 2014, the Court of Appeal considered a claim for criminal injuries compensation by a person who was assaulted in the course of his employment. A criminal injuries assessor awarded the person $75,000 compensation under the Act.
Injured at a shopping centre
In September 2014, the WA Court Of Appeal in the matter of Doyle (WA) Pty Ltd v Ing Real Estate Joondalup considered a claim against a shopping centre involving a person who tripped and fell whilst walking across a service yard. The person tripped on a metal bracket set in concrete and used to secure large metal gates which closed to keep the shopping centre closed after business hours.
Workcover seminars
WorkCover WA holds a seminar every quarter to provide an introduction to the workers’ compensation scheme in Western Australia.
Current prescribed amounts
WorkCover’s new Schedule of prescribed amounts for;
Workers compensation legislative review
In 2010, the Government approved a two stage review process to replace the current workers compensation legislation. The review process proceeded with the first stage being completed with the passage of amendments to the current Act in 2011.
