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11 results
No negligence in tragic accident

Thinking| 17 Sep 2019

No negligence in tragic accident

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...

No negligence in return to work process

Thinking| 20 Jun 2019

No negligence in return to work process

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 […]

Investigating alleged misconduct may not constitute ‘discipline’

Thinking| 30 May 2019

Investigating alleged misconduct may not constitute ‘discipline’

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’...

Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

Thinking| 22 May 2019

Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

On 28 September 2012, the plaintiff, Kerrie Menz (plaintiff), was riding her horse (‘Sonny’) in a warm-up area of the Wagga Wagga Showground (showground). A group of children nearby made contact with a metal sign on the fence, which caused a loud noise. This noise startled another horse ‘Banjo’, which in turn spooked Sonny. Sonny […]

Unemployment no automatic entitlement to weekly payments

Thinking| 04 Apr 2019

Unemployment no automatic entitlement to weekly payments

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 […]