Fisher v Shire of Denmark [2024] WADC 1 Key takeaways Visitors to public recreational areas are expected to exercise appropriate and reasonable care for their own safety A defendant, as an occupier, is able to rely on s 5O of the Civil Liability Act 2002 (WA) (CLA) as a defence to any ‘obvious risks’ Failure […]
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Keeping an eye out: taking reasonable precautions to prevent a risk of harm materialising
Sidhoum v Minister for Education [2022] WADC 35 Key takeaways A school’s non-delegable duty of care extends to prevent students from engaging in risky behaviour in circumstances where the students should know better. The context of a situation is important when considering reasonable action to be taken in response to a risk. Background Mr Sidhoum […]
Gravel is slippery – isn’t that obvious?
Gladstone v Public Transport Authority of Western Australia [2022] WADC 6 Key takeaways A reasonable person in the position of an occupier is only required to take action that is proportional to the risk. A rolled ankle, with minimal loss of function alone is not sufficient for an award of compensation for non-pecuniary loss once […]
Family Day Care – Compliance and Policies and Procedures
Approved providers of family day care services will be aware that their State Regulatory Authority is responsible for regulating early childhood education and care services and for enforcing compliance with the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations) applicable in each State. It is […]
Meridian Lawyers expands its insurance team and footprint from East to West
Media release: Meridian Lawyers is pleased to announce that Mark Birbeck, insurance specialist, has joined the firm as a Principal, to head their new Perth office and spearhead its expansion into Western Australia. Mark joins from HBA lawyers of which he was a founding Partner based in their Perth office. This announcement follows on from […]