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Liability in respect to Independent Contractors – Part 2

When might a principal contractor avoid liability for injuries to a worker who is not their own employee?

In Part 1 of this series we discussed a number of scenarios where a Court identified a breach of duty by a principal contractor to an independent contractor or their worker.  In this second instalment, we will consider circumstances where a Court found no such duty was breached.

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Liability in respect to Independent Contractors – Part 1

Workplace injury to contractors

In what instances might a party’s duty extend to an independent contractor?

An employer’s duty to ensure their employee safety in the workplace is well established.  However, in some instances liability may extend for injuries sustained to a worker who is an employee of another party. A party might also find themselves liable for the negligence of an independent contractor in the event that that negligence causes injury to someone else.

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Wills and Estates: What happens when you have assets in another country?

Most people will have only one Will.  When drafting a Will, the last Will usually revokes all prior Wills.

For those lucky enough to have assets in more than one country, it is common to have a Will made in each country which deals only with the assets within that country.  You would then have more than one Will.

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Looking to Koehler: How Queensland Courts are dealing with psychiatric injury claims arising out of the workplace

The purpose of this article is to analyse the recent trend of decisions made by Queensland courts about psychiatric injuries in the workplace, specifically what might be classified as claims for psychiatric injury arising from the performance of work duties.

The starting point of the analysis is the High Court decision in Koehler v Cerebos (Australia) Ltd [2005] HCA 15) (‘Koehler’).

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When Friendly Family Law Advice Becomes Costly Advice

Separation and family breakdowns

Nearly everyone knows someone who has been through, or is going through, a separation or divorce.

You may have even been through one yourself.

Unfortunately, the breakdown of families is becoming an increasingly common occurrence in society, and more and more people each year are navigating the extremely difficult area of family law.

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When Time Is Running Out: Section 31 Of The Limitations Of Actions Act In Personal Injury Claims

When making a claim for personal injury, there are strict time frames that govern whether you can or cannot make a claim.

However, it is important to also be aware of the legislative provision that enables an injured person to extend the limitation period in certain circumstances.

This article outlines what those circumstances are, and how the Court has applied the law in particular situations.

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