Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 5 April 2017, Clint David Starkey received fatal head injuries in a callous assault committed by four men, including the offenders (Adam Symons, Beau McDonald and Guy Robertson) at the Caltex Service Station at Peats Ridge. 2. More than eight years later, after the twists and turns of the criminal law processes have buffeted the participants to the litigation, Mr Starkey's f...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. In 2015, in the context of the International Plant Protection Convention, the Queensland Court of Appeal said: "The Commonwealth legislative regime as to export inspection and certification was aimed at maintaining Australia's highly favourable plant health status and wide access to overseas markets. Australia was a signatory to the IPPC [International Plant Protection Conventi...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. By Notice of Motion, SafeWork NSW seeks the following orders: 1) That the charges brought by SafeWork NSW against Richard Crookes Constructions Pty Ltd (RCC) in the matter of 2024/177647 and against Transform Formwork Contractors Pty Ltd (Transform) in the matter of 2024/177652 be heard and determined together. 2) Both matters be listed for a mention date convenient to the cou...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 13 October 2021 Crestville Holdings Pty Ltd (Crestville), entered a plea of guilty to an offence that Crestville, being a person conducting a business or undertaking who had a duty under s 19(2) of the Work Health and Safety Act 2011 (NSW) (WHS Act) to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. By way of Amended Summons, Aria Carpentry & Construction Pty Ltd (Aria) was charged with an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (WHS Act), being a person conducting a business or undertaking who had a health and safety duty under s 19(1) of the WHS Act to ensure so far as is reasonably practicable, the health and safety of workers while the workers ar...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Tiger Electrical Solutions Pty Ltd (Tiger) has pleaded guilty to an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (WHS Act). 2. Tiger operates a business of conducting electrical repairs and maintenance for government and commercial clients. 3. Tiger has entered pleas of guilty to breaching s 32 of the WHS Act by failing to comply with the primary duty under ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. The plaintiff is a woman now aged 48 years of age. 2. Prior to the incident the subject of the proceedings, the plaintiff was fit, well and active. She was working full-time (on a casual basis) for the NSW Department of Education as a learning support officer. 3. The defendant is a corporation which operated a massage and acupuncture clinic out of rooms situated in Mount Annan...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. These proceedings concern a dispute arising out of a home building contract. The subject of the contract was a two-storey home at Schofields (the 'Contract'). 2. The Contract was in a standard form NSW Residential Building Contract for New Dwellings as published by the Housing Industry Association ('HIA'). It contained no special conditions, and as such it prescribed a 26-week ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. THE COURT: On 9 August 2024, the Court, constituted by the Chief Justice, Meagher JA and Harrison CJ at CL, delivered its reasons in respect of two sets of proceedings which were heard together: The Law Society of New South Wales v Attorney General of New South Wales; ABC Insurance Pty Ltd v The Law Society of New South Wales [2024] NSWCA 90 (the Judgment). 2. These reasons ass...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 25 March 2025 Mr Vance complained to the President of the Anti-Discrimination Board about conduct of EML NSW Limited (EML) and the Trustee for Illawarra Health Service Unit Trust (Illawarra Occupational Health). 2. icare (insurance and care NSW) is a government organisation that delivers insurance and care services to people with workplace injuries under the NSW workers comp...