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Understanding your role within the Chain of Responsibility - Nov 2018

Recent amendments to the Heavy Vehicle National Law now place a primary duty on each party in the chain of responsibility to ensure the safe operation of heavy vehicles.

Partner, Maria Capati, and Special Counsel, Ben Motro, review these changes and what it means for the transport industry.

Transport Update - Guidance on the Heavy Vehicle Law Reasonable Steps Defence - Aug 2014

The decision in Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2014] NSWCA 132 was handed down earlier this year and provides guidance on the difficulty of relying on the “reasonable steps defence” under the Heavy Vehicle National Law.

The case was heard in the NSW Court of Appeal following an initial hearing in the Magistrate’s Court and a subsequent appeal in the NSW Supreme Court. Both earlier decisions found that Western Freight Management Pty Limited was guilty of a contravention of a mass requirement. Senior Associate, Maria Capati and Lawyer, Ryan Ainscough review the decision and discuss the implications for drivers and operators.

Transport Update - The first Road Safety Remuneration Order - Feb 2014

The first Road Safety Remuneration Order has been handed down on 17 December 2013. The order was made under the Road Safety and Remuneration Act 2012 which commenced on 1 July 2012 with the stated objective of promoting safety and fairness in the Road Transport Industry. Senior Associate, Maria Capati and Lawyer, Ryan Ainscough, discuss the Order.

Transport Update - Potentially unlawful employer surveillance not enough to invalidate enterprise agreement - Oct 2013

A recent decision of the Fair Work Commission has approved an enterprise agreement despite containing a clause that potentially breached state legislation because it allowed GPS tracking of employees and equipment. Senior Associate, Benjamin Motro and Lawyer, Ryan Ainscough discuss.

Transport Update - The South Australian Government seeks to remove indemnity loophole - Oct 2013

In August, the Corporate Transport team reported on the decision of Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22 which criticised the use of insurance policies allowing directors to avoid personally paying fines for workplace health and safety law breaches (see Piper Alderman Transport Update, August 2013). In this update, we review the government's response to the decision and the likely changes to be made.

Transport Update - WH&S law throws doubt on indemnity - Aug 2013

A recent decision in South Australia has created uncertainty as to whether insurance policies that indemnify directors to allow the avoidance of personally paying fines for workplace health and safety law breaches will be effective under the new WHS law. Maria Capati, Senior Associate and Ryan Ainscough, Lawyer discuss.

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