0408 802212 david@kiddslaw.com

Motor & Traffic Law – Pedestrians disobeying traffic lights

In Kigetzis v Roche 19/12/14 [2014] VSC 657 per Rush J, P was injured when struck by a motor vehicle whilst walking across a pedestrian crossing.  After hearing evidence from witnesses His Honour found as a fact that the walk signal was red for P. P “did not check the lights, or for traffic, immediately prior to crossing the intersection. He had no regard to his own safety or to that of other road users” @29. Nevertheless, D driver was found negligent. He was aware, for at least 8 seconds, that a bus and car were stationary at the lights after they had changed to green. This, combined with D’s lack of vision of the pedestrian crossing due to the bus demanded caution on his part. He did not control his vehicle “in such a way that the driver may know what is happening in the vicinity of the vehicle in time to take reasonable steps to react to those events” per Manley v Alexander [2005] HCA 79. D should also have borne in mind the devastating injury that a car approaching a crossing could do to a pedestrian. For his part, P failed to comply with the fundamental obligations of a reasonable pedestrian. Though he showed a lack of due care D did enter the intersection legally with a green light and at a permitted speed. It was just and equitable that P’s damages be reduced by...

Fair Work law – Dismissal for out of hours conduct

Dismissal – Out of hours conduct – groping waitress Catanzariti J, ‘Termination For Domestic Violence Considered Unfair’ (2013) 51(1) Law Society Journal 50 Ruskin N & Kennedy M, ‘Out of Hours Conduct – When is it a Workplace Issue?’ (2013) 16(4) IHC 53 [2015] FWC 506 WA Applicant v Employer (whilst staying at a hotel the employer regularly booked for its workers, A, after work hours, was drinking with co-workers and groped a waitress causing her distress – A did not fully admit to his conduct – such behaviour affected his relationship with his employer – he also had a previous warning for damaging property at the hotel – dismissal not harsh etc) Contact kiddlrs@optusnet.com.au to see full heading with about 10...

Workers compensation – Time provisions re asbestos claims

Asbestos [2015] NTSC 1 Zabic v Alcan Gove P/L (W’s exposure to asbestos was in the 1970s and his mesothelioma was caused by D’s negligence – however, W’s claim for damages was statute-barred – “Because the plaintiff had not suffered damage prior to 1 January 1987, his cause of action in negligence for contracting malignant mesothelioma had not arisen before that date. It follows that the plaintiff’s claim for damages against the defendant after his malignant mesothelioma developed was statute-barred by s 52 Workers Rehabilitation and Compensation Act, and not preserved by s 189 of that Act”...

Workers compensation – Sporting or social activity

Sporting or social activity [2015] NSWCCPD 8 NSW Police Force v Faccin (the R police officer was injured in a rugby match for his regional police team in the Police Association competition – “the appellant did not provide financial assistance with respect to participation in the match and .. Mr Faccin was off duty at the time of the injury. Mr Faccin had not sought permission or approval from his superior … Mr Faccin came to play in the match by reason of an invitation given by a fellow police officer who represented the Association which was affiliated with the Police Sports Council. Mr Faccin qualified for that invitation by reason of the fact that he was himself a serving police officer in the relevant geographical region with which the team was associated and identified. It is open to inference that Mr Faccin’s participation in the match was relevantly encouraged by the appellant given: the appellant’s acceptance of the existence of the Association and its activities; its permission to use the police insignia; the participation of senior officers in the Association including the appointment of such an officer as patron and, significantly in my view, the Association is affiliated with the Police Council of Sport” @74-75 – injury found to have occurred in the course of employment and employment was a substantial contributing...