Claim

eBikes – are you covered for claims?

eBikes are in the news a lot of late, usually because of near misses and claims that riders are not wearing helmets or driving dangerously. Electric bicycles have risen in popularity because they offer the ability for many, particularly children, to drive themselves around over longer distances than if they had to pedal.

They also save parents time in ferrying their kids around, and money otherwise spent on taxis and Ubers and the like, but without the financial costs associated with cars and motorbikes, each of which require:

  • licensing; and
  • insurance.

Whatever your view is on whether eBike riders should pay for a license to use the roads like other road users, some of the cost of which goes towards the costs of maintaining road infrastructure and the like, one things that is often forgotten is the risk of damage to property, injury or death.

Unlike with a car or motorcycle, that must at least have compulsory third party insurance coverage and regular inspections to maintain registration for use on the roads, there is no requirement for eBikes to be registered, have inspections for roadworthiness… or to have any insurance at all.

As children are the main users of bikes and eBikes, they don’t think about things like insurance, but what would happen for example if your son or daughter drove into the side of a prestige car, hit and seriously injured a person or worse… killed them? Are you covered for claims?

Given the significant risks of injury to persons and damage to property, it can be a good idea to consider whether you can get insurance cover in place. This can be standalone specific cover or perhaps an add on to an existing policy such as home and contents insurance.

FURTHER INFORMATION

For further information, please contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au 

This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.

in Asset Protection / Criminal Law / General / Litigation / Risk management  by 01 Dec 2025 0 comments

Limitation periods

There are limitation periods that apply to various legal cause of action.

The effect of a limitation period in relation to a legal cause of action is that claims become time-barred, and therefore unable to proceed, where the relevant period of time has elapsed without a claim being brought through the relevant Court or Tribunal.

There is no “Statute of Limitations” in New South Wales as such but there is the Limitations Act 1969 (NSW) which has a default limitation period regime where there is no specific timeframe set out in the relevant Act (such as the Succession Act 2006 (NSW), Home Building Act 1989 (NSW), Defamation Act 2005 (NSW), Fair Trading Act 1987 (NSW), Fair Work Act 2009 (Cth), Criminal Procedure Act 1986 (NSW) etc).

The Limitation Act (or the relevant specific Act) describe the types of legal actions and the limitation periods that apply to them such as the following civil claims:

Cause of action Limitation period
Contractual claims 6 years from the date on which the cause of action accrued
Negligence 6 years from the date on which the cause of action accrued
Family provision 12 months from date of death
Cause of action founded on a deed 12 years from the date on which the cause of action first accrues
Enforcing a judgment 12 years from the date on which the judgment first becomes enforceable
Defamation 1 year from date of publication
Unfair dismissal 21 days from the date of dismissal of employee

NOTE – this is a general guide only – you should get specific advice as to the limitation periods that apply to your specific circumstances

Different limitation periods apply to causes of action in different jurisdictions, such as the Commonwealth or those of each State and Territory. Limitation periods can also apply to some criminal matters but serious crimes generally do not have such limitation periods.

In some very limited circumstances, the relevant limitation period may be able to be extended.

FURTHER INFORMATION

For further information on litigation and dispute resolution, please contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au 

This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.

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in Debt Recovery / Dispute Resolution / Employment / General / Litigation / Risk management  by 01 Dec 2021 0 comments

The importance of workplace policies

All employers need to maintain, develop and implement appropriate workplace policies in their business.

The need for these policies is not only compliance with relevant legislation, but also to protect the businesses against claims which might arise from inappropriate conduct of employees. Creating and enforcing workplace policies is one way in which employers may be able to effectively prevent or manage such claims.

Putting in place suitable policies can be a time-consuming task and one that is potentially dangerous for those who are not familiar with the legislative and contractual requirements involved.

The purpose of workplace policies is to place both the employer and employees (or prospective employees) on notice of certain things such as prohibited conduct. They often prevent any serious problems arising but if problems do arise, the employer is usually able to prove they upheld their legal duty by showing compliance with an established written policy.

We can tailor policies to meet the requirements of your particular business.

The following is a non-exhaustive list of topics that employers may wish to cover with appropriate policies:

  • Equal employment opportunity
  • Discrimination, harassment, bullying and violence
  • Work health and safety
  • Appropriate email and internet use
  • Workplace surveillance
  • Drug and alcohol use
  • Mobile telephone use
  • Dress codes
  • Annual leave and sick leave
  • Dispute resolution
  • Counselling and disciplinary procedures
  • Privacy
  • Redundancy

The workplace policies should be drafted so that they compliment the employment contracts in place.

FURTHER INFORMATION

Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to workplace policies, business law or employment related matter, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au

This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your legal concerns or objectives.

Stay up to date – LinkedIn | Facebook | Twitter

 

in Business / Commercial Law / Dispute Resolution / Employment / General / Risk management  by 01 Nov 2017 0 comments