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Breach of statutory duty – is contributory negligence dead?

Insurance| 04 Apr 2022

Breach of statutory duty – is contributory negligence dead?

Caselaw in the ACT over recent years has developed in relation to breach of statutory duty in the workplace. We examine the developments and what they mean for you.

Coward v Stephenson

Statutory Insurance| 13 Jun 2018

Coward v Stephenson

On 25 May 2018, Judge Levy handed down a decision in favour of the insurer, who was joined as a defendant to the proceeding under section 119 of the Motor Accidents Compensation Act 1999 (Act).

Statutory insurance NSW/ACT 2016 in review

Statutory Insurance| 24 Jan 2017

Statutory insurance NSW/ACT 2016 in review

The objective test for contributory negligence. What is reasonable to invest in the reasonable person?

Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

Statutory Insurance| 26 Oct 2016

Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

In Lean v Cosmorex Coffee Pty Limited [2016] ACTSC 309 the ACT Supreme Court found that while Cosmorex, the defendant employer, had breached provisions of the Dangerous Substances Act 2004 (ACT) (Act) and, as a result, also breached its duty of care at ...

ACT Supreme Court provides guidance in relation to “temporary arrangements” in State or Territory of Connection test

Statutory Insurance| 23 Aug 2016

ACT Supreme Court provides guidance in relation to “temporary arrangements” in State or Territory of Connection test

Proceedings regarding the State or Territory of connection are relatively common in the Australian Capital Territory due to the ACT’s proximity to New South Wales.