Update

Occupational Health and Safety

Providing safe work methods without enforcement is not enough

The NSW Industrial Court has stated that risk assessments should not be a one-off process; they should be ongoing and rigorously enforced and should involve employees on site who perform the task. Read more.

Victorian WorkCover Authority v Prolift Fleet Management Pty Limited [2009] VSC 96

A supplier of a forklift for hire has been held by the Supreme Court of Victoria to have breached both its common law duty to take reasonable care and its statutory duty under the Occupational Health and Safety (Plant) Regulations 1995 (Vic). Read more.

Security of Payment Legislation

Thiess Pty Ltd v Lane Cove Tunnel Nominee Company Pty Ltd [2009] NSWCA 53

The time for responding to a payment claim under the NSW Building and Construction Industry Security of Payment Act 1999 will not necessarily be the same time as the time for responding to a progress claim set out in the payment clauses of a construction contract. Read more.