Metropolitan Health Service v Sturm [2022] WASC 316 Key takeaways A contractual dispute resolution clause may be unenforceable for uncertainty if the clause does not set out all necessary terms for the conduct of a preferred dispute resolution process. Only the defined parties to a contract can be bound by a dispute resolution clause. Background […]
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All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions
QBE Insurance (Australia) Limited v BB [2022] WASCA 61 Key takeaways An insured will not be in breach of a reasonable precautions condition if they show they did not recognise that a danger existed or that, recognising the existence of a danger, they took action they considered to be adequate to avoid it and were […]
Mind your Ps and safety first!
Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated: Plan, Prepare, Protect and Proceed. Confirmation of the premise that the principal or main contractors are not expected to supervise or have specialist knowledge of all the specialist trades working on a construction site at […]
Help, my employer is suing me for negligence!
Beri Distributors Pty Ltd v Mossensons Pty Ltd [2022] WADC 30 Key takeaways Professionals are liable to repay fees to their clients in full where the work is of no value at all to the client. Employers are unlikely to be able to recover lost fees from their employees particularly where there is a duty […]