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Thinking| 17 Sep 2019
The District Court has recently dismissed a claim arising from serious injuries sustained in a fall from a roof, finding that the occupier had no duty of care to warn of an obvious risk of harm...
Thinking| 20 Jun 2019
A District Court judge has dismissed a worker’s claim for damages on the grounds that her employer had failed to properly evaluate her fitness for work before she returned to her pre-injury role. It was concluded that the employer had taken sufficient steps prior to the worker’s return to work, having regard to contemporaneous medical […]
Thinking| 30 May 2019
A District Court judge has dismissed an appeal by an employer which was found liable for a worker’s stress injury, in relation to an issue of whether there had been ‘discipline’...
Thinking| 04 Apr 2019
The District Court has recently dismissed a worker’s appeal against a finding that he was not entitled to weekly payments on the basis of total incapacity for a period after he was made redundant until he obtained new employment and thereafter for a residual partial incapacity. Mr West was employed by BGC Australia Pty Ltd […]
Thinking| 19 Feb 2019
The WA Court of Appeal has upheld a District Court judge’s decision apportioning 25% liability to Harvey Norman, in a case involving a customer injured while collecting purchases from Harvey Norman’s warehouse in Osborne Park. Mr Gallagher and a Harvey Norman employee were loading Mr Gallagher’s vehicle, which was parked in a common access way. The […]