Preview: Breach of Duty of Care in Labour Hire Arrangement with Jeremy Trost and Bree Smith
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Published on: [25.10.2023] Who is responsible for breach of the duty of care when a worker under a labour hire arrangement suffers an injury at work? Barrister Jeremy Trost, of More Chambers in Brisbane, and Shine Lawyers National Practice Leader Bree Smith’s client was injured while using a concrete delivery truck with a faulty chute. They consider the issues raised in her successful personal injury case, Reddock v ST&T Pty Ltd & Anor [2022] QSC 293.
Discussion Includes:
• Facts of the case
• Contractual relationship
• Who was responsible for use of the faulty chute?
• Induction training
• The law in the case
• The duty and breach in relation to each defendant
• Breach of duty of the second defendant
• Apportionment of each defendant’s contribution
• Summary of decision
• Submissions on costs
• What else can be learnt from the case?
Presenter Profiles
BIBLIOGRAPHY:
Focus Case
- Reddock v ST&T Pty Ltd & Anor [2022] QSC 293
Benchmark Link
Cases
- Malec v J C Hutton (1990) 169 CLR 638
- Official Trustee in Bankruptcy v Citibank Savings Ltd (1995) 38 NSWLR 116
- Peebles v WorkCover Queensland [2020] QSC 106
- Peebles v WorkCover Queensland [2021] QCA 21
- Paskins v Hail Creek Coal Pty Ltd [2017] QSC 190
- Reddock v ST&T Pty Ltd & Anor (No 2) [2023] QSC 21
- Thompson v State of Queensland [2016] QCA 218
- TNT Australia Pty Ltd v Christie (2003) NSWCA 47
Legislation
- Workers’ Compensation and Rehabilitation Act 2003 (Qld)
- Workers’ Compensation and Rehabilitation Regulation 2014 (Qld