Litigation & Mediation

Tax disputes: Alternative dispute resolution

If an objection to a tax assessment is disallowed by the ATO a taxpayer can refer the decision to the Administrative Appeals Tribunal or Federal Court, abandon the objection or turn to alternative dispute resolution (ADR). Arbitration, mediation and expert determination are the most common types of ADR. The benefits … Read more →

Medical negligence: Doctor’s duty to warn

A doctor’s duty to warn of inherent risks of a procedure is to protect the patient from injury that is unacceptable to them. The patient in the case underwent a surgical procedure relating to his spine. There were two inherent risks which the doctor had failed to warn him of: … Read more →

Workers compensation: Window opens for lump sum claims

Some workers may be able to pursue claims for lump sum compensation for permanent impairment despite recent changes in the laws. New workers compensation laws introduced in mid-2012 sought to restrict access to lump sum benefits to workers who establish an 11 per cent whole person impairment (WPI) to a … Read more →

Personal injury: Liability for dangerous recreational activities

A court has found that if the risk in a dangerous recreational activity is obvious, a person cannot claim damages from the operator. A student pilot sued his instructor for injuries he sustained when participating in a flying lesson. Part way through the lesson, the plane’s engine failed and the … Read more →

Cloud Computing: Managing disputes in the cloud

The issues of confidentiality, privacy and privilege should be part of an organisation’s risk management plan when making the decision to store documents in the cloud. Businesses are increasing their use of cloud storage solutions. For them, ensuring that a chosen cloud service is compatible not just with their operational … Read more →

Motor Accidents: Opening the door to CTP claims

A court has recently found that even though an injured person may have contributed to a motor accident, they will still be able to make a CTP claim, though the compensation may be reduced. The case involved a 14-year-old who ran out from behind a school bus and into the … Read more →

Negotiating skills: Getting to ‘yes’ may need creative options

Dealing with a dispute and maintaining a good working commercial relationship need not be conflicting goals. In the ‘interest-based’ model of negotiations or dispute resolution, there are four key elements to success. First, separate the people from the problem. People should come to see themselves as working side by side, … Read more →