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Here are 9 results that may be of interest

Liability (9)

Court Decision

What’s in a name? High Court stipulates broad definition of company “officer”

In the recent case of ASIC v King & Anor, the High Court has held that the definition of “officer” under the Corporations Act 2001 (Cth) (Corporations Act) is not limited to persons who occupy a recognised “office” within a company. Wheth

  • Corporations act
  • ASIC
  • Liability
  • Breach
  • Governance

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

Workers' Compensation - Court holds that straight forward light manual task requires prior instructions

The recent Supreme Court decision of D’Arcy v The Corporation of the Synod of the Diocese of Brisbane [2017] QCS 103 found that an employer was liable for failing to train and instruct a worker how to lift a wheelie walker from the boot of a veh

  • Personal injury
  • Medical
  • Workplace injury
  • Liability

Court Decision

Inadequate supervision: Court upholds liability findings against host employer while employer is found not liable

In the recent decision of Jurox Pty Ltd v Fullick [2016] NSWCA 180, the NSW Court of Appeal dismissed an appeal by the host employer, Jurox, made in relation to liability, damages and contribution. Here, Robert Tidbury provides a summary of the NSW

  • Host employer
  • Liability
  • Damages
  • Contributory negligence
  • Insurance

Article

Liability for failing to deliver carbon credits to the Clean Energy Regulator

What happens if under the Emission Reduction Fund (ERF) you enter into a contract with the Clean Energy Regulator (the Regulator) promising to deliver a certain number of tonnes of abated carbon, but fall short of that target?  Will you be liable fo

  • Liability
  • Carbon Credits
  • Clean energy
  • Greenhouse gases

Court Decision

Council not liable to motorcyclist for unlawful act of third party

In the following article, Partner Robert Tidbury discusses the recent decision of Rankin v Gosford City Council (2015) NSWCA 249 in which the New South Wales Court of Appeal held that a local council’s duty of care did not extend to protecting a mo

  • Duty of care
  • Liability
  • Insurance
  • Negligent party
  • Breach of duty
  • Negligence

Court Decision

Employer not liable for injury to First Aid Officer

Most workplaces have a First Aid Officer, but what happens if the First Aid Officer is injured while rendering first aid? In this article, Anna Hendry discusses a recent decision from the New South Wales District Court involving a First Aid Officer

  • Liability
  • First aid
  • Insurance
  • Workplace injury

Court Decision

A win for the employer and a licensed club - not liable for patron's assault on security guard

In this article,  Anna Hendry considers the District Court’s judgment in Baillie v Jackson [2015] QDC 31. The Facts The plaintiff, a security guard with over 14 years experience working as a police officer, was employed by a security contractor

  • Liability
  • Employee injury
  • Hospitality
  • Duty of care
  • Negligence

Court Decision

Another win for supermarkets

In a recent decision, the New South Wales Court of Appeal found that a supermarket and flower stall operator were not liable for a customer’s slip and fall injury. Special Counsel Elizabeth Harvey discuss the decision in Coles Supermarkets Austra

  • Insurance
  • Duty of care
  • Negligence
  • Liability
  • Customer injury