Litigation and Dispute Resolution
Pushbike Riders Also Have a Responsibility
Services > Litigation
The NSW District Court recently determined that:
Pushbike riders have an obligation to not cause injury to other road and footpath users.
Facts
Following a motor race in Bathurst, the track is opened to the public with some people riding skateboards or bicycles, but most people walk the circuit. James (the plaintiff) and his family were [...]
More Reasons to keep your Workplace Safe
Services > Litigation
The Work Health and Safety Act (WHSA) came into effect on 1 January 2012 resulting in changes to Occupational Health & Safety (“OH&S”) law in Australia. All ACT and NSW businesses need to be aware of these changes.
Changes
Firstly, the WHSA extends the employers’ duty of care beyond the traditional employer-employee relationship.
The duty is [...]
Assistance at home: duty to helpers
Services > Litigation
A recent case confirms occupiers of land or premises owe a duty of care towards visitors. In Burton v Brooks [2011] NSWCA 175 the Court confirmed, on appeal, a decision to award damages to Mr Brooks who was injured whilst on Mr Burton’s land.
Mr Brooks was assisting Mr Burton lop branches from several trees [...]
Directors’ liabilities for PAYG tax obligations
By Craig Painter
Return to Litigation
As a general rule, directors of companies are not liable for a tax debt assessed on a company. However, under the Corporations Act, a director may be liable for the debt accrued while the company is insolvent, or a debt that causes the company to become insolvent.
Australian taxation law places a [...]
Bankruptcy and Business Management
By Craig Painter
Return to Litigation
Background
Mr Watts, an undischarged bankrupt, was disqualified from managing companies. He applied to the court for a special order that he be allowed to act as director or secretary of several companies, stating his very livelihood was dependent upon his successful application. Mr Watts was 62 years of age and argued [...]
