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Here are 30 results that may be of interest

Duty of care (30)

Court Decision

Hefty obligations for hefty retail goods: Retail giant found liable for oversized goods injury

The recent decision in Kmart Australia Limited v Marmara [2024] NSWCA 249 highlights the very real risk posed by bulky goods in retail stores and clarifies the handling policies and procedures a Court considers adequate for stores.

  • Injuries
  • Duty of care
  • Health and safety
Todo

Court Decision

Fruit sparks insurance claim yet again: Spotlight on supermarket cleaning policies

We discuss a recent NSW Court of Appeal decision in a claim brought against supermarket giant, Woolworths.

  • Supermarket
  • Insurance claim
  • Duty of care
  • Personal injuries
Todo

Court Decision

Workplace injuries in the mining industry: 15 years of Queensland Supreme Court decisions

Workplace injuries represent a real risk for operators, contractors and labour hire companies in the mining industry. They often result in protracted and expensive litigation, when the injured individual alleges that their injury was caused by anothe

  • Employee safety
  • Insurance
  • Duty of care
Todo

Court Decision

Employer not liable for alleged fatigue induced car crash

The NSW Court of Appeal recently handed down its judgment in Coalroc Contractors Pty Ltd v Matinca1, overturning the trial decision and finding the appellant not liable for the injuries sustained by a mine worker involved in a single vehicle accident

  • Employee safety
  • Insurance
  • Duty of care
Todo

Court Decision

Slip and fall incidents in supermarkets: ‘Grape’ disappointment

Slip and fall incidents, particularly those occurring in shopping centres, are among the most common sources of public liability litigation in Australia. In December 2022, the ACT Court of Appeal handed down its judgment in Buljat v Coles Supermarket

  • Insurance
  • Retail
  • Duty of care
  • Employee safety
  • Supermarket

Court Decision

Australian court finds government has a duty to protect children against climate change

Class action proceedings were brought against the Commonwealth Minister for the Environment (Minister) by eight Australian school children, represented by their litigation guardian Sister Brigid Arthur, seeking to protect children residing in Austral

  • Resources
  • Resources and energy
  • Resources energy and projects
  • Human rights
  • Climate change
  • Mining lease
  • Duty of care

Article

Managing employees in the Coronavirus (COVID-19) emergency (Australia)

We will update this material as required. Please do not hesitate to contact our Workplace and Employment team for more specific guidance or assistance. The COVID-19 situation is continually changing and evolving, as such the information in this aler

  • Leave
  • Entitlements
  • Sick leave
  • Carer's leave
  • Personal leave
  • Epidemic
  • Coronavirus
  • Covid-19
  • Risk
  • Health
  • Duty of care
  • People

Article

Aerial instructor’s duty swings on appeal

Everyday across Australia thousands of people participate in exercise classes ranging from typical gym offerings of spin class and pump to more adventurous pursuits. In the recent decision of Cornwall v Jenkins as Trustee for the iSpin Family Trust [

  • Duty of care
  • Risk
  • Exercise
  • Gym
  • Fitness
  • Negligence
  • HSE
  • PPE
  • Safety
  • Health and safety

Court Decision

Police officer recovers damages against intoxicated driver

Background Police officers and other “occupational rescuers” are exposed to significant trauma during their employment, which can cause psychiatric injury. Often a claim for damages is brought against the rescuer’s employer. However, in AAI Li

  • Insurance
  • Duty of care
  • Occupational rescuers
  • Motor vehicle accident

Court Decision

Inconsistency and failure to follow direction the plaintiff’s downfall - Court finds employer not liable for worker's injury

In the recent decision of Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141, the Queensland District Court found that an employer had not breached its duty of care to an employee in circumstances where: the risk of injury to a

  • Insurance
  • Liability
  • Duty of care

Court Decision

Win for employer: School not liable for slip on grape

The common grape has caused more than its fair share of personal injury litigation over the years. In the recent decision of Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123 the court found that the plaintiff’s employer was not

  • Duty of care
  • Employee safety
  • Supermarket
  • Insurance

Court Decision

High Court refuses to consider an employer's duty to take reasonable care in conducting workplace investigations

Following the decision of the New South Wales Court of Appeal in State of New South Wales v Paige, it became well established that an employer does not owe an employee a duty to take reasonable care in the conduct of workplace investigations. It was

  • Duty of care
  • Disciplinary procedures
  • Reasonable care