Employers Liability Newsletter - June 2024

  • Published 25.06.2024

Recent Decisions

Employer negligence for psychological injury – foreseeability of risk and duty of care
Karzi v Toll Pty Ltd (NSWCA 2024)

Negligence: the critical step of proving causation
Gomez v Woolworths Group Limited (NSWCA 2024)
 

Negligence: the critical step of proving causation

  • Published 24.06.2024

Gomez v Woolworths Group Limited (NSWCA 2024)

Link to Decision

Link to Video

Key Takeaways

The Court of Appeal has confirmed the well-established principle that in order to be successful in a claim for negligence, a plaintiff must prove:

Employer negligence for psychological injury – foreseeability of risk and duty of care

  • Published 24.06.2024

Karzi v Toll Pty Ltd (NSWCA 2024)

Link to Decision

Link to Video

 

Key Takeaways

Unfair Contract Laws apply to overseas contracts

  • Published 11.06.2024

The new unfair contract laws started on 9 November 2023.

Businesses have invested heavily in ensuring that their standard contract forms comply with the new laws. The success of that investment will largely turn on how the Courts will interpret and apply these new laws.

Granting release from Harman undertaking for public interest regulatory purposes

  • Published 07.06.2024

A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) has confirmed regulators may obtain a release from their implied undertaking in order to exercise other regulatory functions in the public interest.

Key Takeaways

The implied undertaking prescribes that a party to proceedings cannot, without leave, use documents obtained in that proceeding for another purpose or in another proceeding.