find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
OHS lawyers snare High Court case

OHS lawyers snare High Court case

An Australian-based OHS legal team has worked on the most recent of only three OHS matters ever heard in the High Court of Australia.

An Australian-based OHS legal team has worked on the most recent of only three OHS matters ever heard in the High Court of Australia

The latest judgment was handed down on Friday, with Norton Rose Australia successful in its appeal on behalf of its client, Baiada Poultry.

Following the appeal, occupational health and safety partner at Norton Rose Australia, Michael Hammond said the case highlights the extreme and often “unbalanced position” taken by prosecution authorities across Australia, where he said workplace safety issues are not balanced by principles of justice in the criminal law.

“People often forget that this is an area of criminal law. Defendants should be afforded all the protections that are afforded to other criminal defendents."

The case, which first went to the County Court in Victoria in 2009 and then on to the Supreme Court in 2011 also has implications for the new Work Health Safety (WHS) laws, he said.

 

"The issue of control has been fundamental to workplace safety since the inception of what we now recognise as workplace safety laws and must remain fundamental,” Hammond said.

“As the Victorian OHS Act makes clear, it is the people who have control of specific risks at the workplace who the criminal law should make responsible."

Head of the OHS practice at Norton Rose Australia, Michael Tooma, said “There have only been three matters that have made it to the High Court in this area, this being one of them. To have been on the wining side is a tremendous achievement and augments the standing of our practice as leaders in this space.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

OHS lawyers snare High Court case
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice, ALA, right-to-die law
Oct 24 2017
‘Right-to-die’ laws would be a relief for terminally ill: ALA
The passage of an assisted dying bill through the lower house of Victorian Parliament has been haile...
Diversity
Oct 24 2017
Diversity top of agenda for future WA Law Society president
The advancement of diversity in the Western Australian legal profession will be one of the key items...
Jetski
Oct 23 2017
How to fail well
The legal profession is due for an attitude adjustment when it comes to perceived failures, accordin...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...