In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
As part of wider class action proceedings, the Supreme Court of NSW (Court) has found Transport for NSW (TfNSW) liable for financial damage suffered by two businesses during the construction of the Sydney Light Rail under the legal principles of…
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
In the recent case of Council of the City of Sydney v Bishop [2019] NSWCA 157, the Court of Appeal has analysed the operation of s5F of the Civil Liability Act 2002 (CL Act). This section sets out the meaning of…
On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children.
In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under…
A recent decision of the Full Bench of the NSW Court of Appeal has reconsidered the special protection councils (in their capacity as roads authorities) have from liability in relation to road work where they do not have actual knowledge of…
Councils can take some comfort regarding the effectiveness of general risk warning signs as a result of the decision of the Court of Appeal in Sharp v Parramatta City Council [2015] NSWCA 260.
Rockdale City Council has lost its appeal against the decision to award substantial damages to a cyclist who suffered severe injury when he rode his bicycle into a boom gate that had been erected by the Council across a public…