News and resources

A case in 2018 concerned the question of whether a contractor’s injuries were caused by negligence of the company where he worked.

A light vehicle mechanic employed by a service company was working as an independent contractor at a landscaping and garden supply company, servicing bulldozers, excavators, forklifts, trucks and wheel loaders across their 15 work sites.

In early 2007, the mechanic was directed to service a Volvo wheel loader that was owned and operated by the landscaping company. The machine had been damaged and the mechanic was unable to realign and fasten the bolts of the “bash plate” on one side. As a short-term solution, the bash plate was welded on, so that the loader could be put back into operation quickly.

Later in 2007 the mechanic was again directed to service the wheel loader. While he was attempting to remove the bash plate, which weighed approximately 200 kilograms, it fell onto the ground, crushing his right arm.

A case in 2017 revolved around the question of whether the police had “reasonable suspicion” to conduct a strip search.

A man was riding a motorcycle along a road when he was stopped by police for not having his helmet strap done up. The man appeared to be nervous.

The police officer made enquiries and found out that the man had previous charges of drug possession and was on bail for manufacturing a prohibited drug. The police officer also observed “ice sores” on the man’s face.

Accordingly, the police officer formed the view that the motorcyclist might be in possession of drugs and decided to search him. In searching the man, the police officer conducted a frisk search and also put his hand inside the man’s jeans and into his genital area.

The man resisted and said: “You can’t do that”. He was then handcuffed and a strip search was performed. The strip search was conducted in public on the roadside in front of other officers.

A plastic bag containing methamphetamine was found in the man’s genital area.

The NSW government has foreshadowed changes to workers compensation legislation that will tighten access for psychological injuries. Massive upsurge in claims The state government has warned the NSW workers compensation system is “unsustainable” unless it cuts back on victims’ eligibility for payments for workplace psychological injuries. These can include PTSD, anxiety and depression. Treasurer Daniel […]

A case heard in the Federal Court in 2016 concerned an allegation by franchisees of a pizza chain of unconscionable conduct on the part of the franchisor.

In 2014, the franchisor of the Pizza Hut system in Australia devised a new “value strategy”, first to reduce the number of pizza ranges on offer from four to two; and secondly, to reduce the price of one range from $9.95 to $4.95 and the other from $11.95 to $8.50.

The strategy was devised in the wake of similar measures introduced by rival pizza chain Dominos, and on the back of several years of declining sales at Pizza Hut.

The franchisor undertook some testing of the value strategy in the ACT market, with promising results, and determined to implement the strategy Australia-wide.

Franchisees were required to adopt the strategy because the franchise agreements they had signed gave the franchisor the discretion to change the product range at their outlets and to set maximum prices.

Mortgagee sales increasingly common In our offices, we are suddenly seeing an unfortunate rise in mortgagee sales. A mortgagee sale occurs if a property owner can no longer meet their mortgage repayment obligations, and their lender or bank forces the property to be sold. Disadvantages of distressed property sales There are significant downsides for a […]

A dispute heard in the NSW Court of Appeal concerned whether or not a property vendor was entitled to cancel a contract of sale and keep the purchaser’s deposit.

A parcel of land in Fairfield, Sydney, was sold at auction for $1.46 million. The buyer and seller entered into a contract for sale and the buyer paid a ten per cent deposit of $146,000. The contract stated that the completion date was to be 20 June 2015.

Some time prior to entering into the contract, the vendor had performed earthworks on the property. The local council had declared the earthworks illegal and issued an order requiring that the seller reinstate the property to its previous condition.

By a special condition contained in the contract, the seller agreed to reinstate the property as required by the order “before completion”. The contract stated that the buyer would be entitled to terminate the contract and be repaid the deposit if the seller failed to do so.

A case in the Family Court involved a dispute over the division of marital assets.

The husband was aged 39, the wife was aged 37 and they had been married for about ten years at the time of separating. They had two children.

When they started living together, the husband had assets of a total value of $226,000, while the wife had assets of a total value of $11,500.

The husband was employed at all times and the wife was employed until shortly before the first child was born, then employed part-time after the first child turned five.

The NSW Supreme Court recently ruled that a school had failed in its legal duty of care for a 14-year-old boy after he suffered an unprovoked attack, even though it occurred outside school hours and beyond the school grounds. Student attacked outside school gate after end of school day The former Sydney schoolboy won $1.75 […]

A man who committed assault and battery against a speed camera operator was ordered by a court to pay his victim $401,265 in damages. Assault and battery due to mistaken belief The NSW District Court heard the unprovoked attack happened in a car park in the town of Oberon, when the attacker mistakenly decided that […]

Victorian government pays $8 million settlement to sexual abuse survivor Recent cases in Australia demonstrate that institutions can be vicariously liable for sexual abuse. In 2024 a survivor of sexual abuse by a teacher at a Melbourne primary school was awarded an $8 million settlement against the Victorian Education Department, in what is believed to […]

Farm injuries are unfortunately quite common – farming can be a dangerous occupation. Work on farms accounts for one in every five workplace deaths in NSW, with quad bikes, heavy vehicles, animal handling, biosecurity hazards, machinery, tree accidents and electrical work among the most common hazards. Farm injuries report demonstrates need for farm work safety […]

A strata owners corporation of commercial premises was recently convicted in the NSW District Court after a damaged heavy gate fell on a worker, resulting in his death. First conviction of owners corporation for failing to prevent industrial accident SafeWork NSW, which brought the court action, said it was the first conviction of an owners […]

A case heard in NSW in 2017 involved a drunken motorcycle accident.

At 5.15 in the morning following a night of heavy drinking, two men who were friends each rode an unregistered off-road motorcycle (trail bike) on a public road in New South Wales. The two men subsequently become the plaintiff and defendant in this case.

Neither motorcycle was fitted with a headlight. While travelling in opposite directions along the road, the two trail bikes were involved in what was effectively a head-on collision.

The collision occurred on the plaintiff’s side of the road, about 1.5 metres from the centre line on the road. The bikes both collided on their left-hand side, which meant the defendant’s motorbike had to have crossed the path of the plaintiff’s bike before they collided.

The plaintiff was wearing a motorcycle helmet, but the defendant was not. While the plaintiff was unlicensed, he did have considerable experience riding trail bikes.

Police deal with terrible traumatic incidents in the course of their work, which can lead to post traumatic stress disorder (PTSD).  Not only do they investigate violent crimes, where they are often first on the scene of gruesome murders, but many also face personal threats or attacks by angry or deranged members of the public. […]

Pay dispute between rail workers and transport authorities The dynamics of industrial relations have much in common with the game of poker. Successful players can conceal their thoughts from opponents and bluff them into misreading the strengths and weaknesses of a hand. Over the past few months, NSW transport authorities, and the transport unions, have […]

A dispute over equipment leasing was heard by the NSW Supreme Court in 2016.

A power company had been retained by a government body in Western Australia to design, construct, test and commission a temporary power station.

In March 2013, the power company entered into a written contract with a conglomerate to lease four mobile gas turbine generators to the power company for a fixed term. The value of the lease was over $33 million. At the end of the lease the turbines were to be returned to the conglomerate.

A company was established in 1991 and operated a paintball/skirmish business on a property in Sydney. In 2004 and 2009 the company entered into loan agreements with a bank. The amounts totalled approximately $100,000, with a further advance of $50,000, and two overdraft facilities of $15,000 and $20,000.

The company had two directors, who had both personally guaranteed an overdraft facility provided by the bank in 1996.

This same guarantee was used as security for both the 2004 and 2009 loans.

In July 1994, at the age of 27, a gambler commenced gambling at a casino in Melbourne.

Over the course of 1994 he lost $110,000 of his father’s money at the casino.

He was also charged with defrauding a finance company of approximately $286,000, an offence which he sought to mitigate by asserting that it was committed to support a gambling addiction.

The gambler was referred to a program for problem gamblers, as well as to a clinical psychologist specialising in gambling-related diseases.

He was diagnosed as a “classic pathological gambler”.