Daily Construction: Wednesday, 13 April 2016
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

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Executive Summary (One Minute Read)
Zhang v Popovic (NSWSC) - negligence - insurance - plaintiff injured when metal ramp attached to trailer fell on him - determination of action against parties connected with trailer and insurers joined as defendants
Williams v Ausnet Electricity Services Pty Ltd (Ruling No 2) (VSC) - evidence - forensic disadvantage - orders made for inspection of gum tree which plaintiff alleged fell on power line causing bush fire
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1. This Benchmark Television broadcast is with Caroline Dobraszczyk, Barrister on the Bail Amendment Act 2015 in discussion with Jaimee Burke. This is good viewing for everyone.

2. The Bail Amendment Act 2015 (“the Act”) was passed on 27 October 2015. The Act amends some key sections of the Bail Act 2013 and also includes amendments to the Bail Act which are described as “in response to Martin Place siege review” (this is part of the heading to Schedule 2 of the Act). The amendments clearly expand the scope of the Bail Act especially in its consideration of Commonwealth terrorism related offences.

3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request. It is an excellent paper.

4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.

5. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle

6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.

7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.

8. You should watch on Wi-Fi to avoid excess data usage charges.

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Caroline Dobraszczyk, Barrister on the Bail Amendment Act 2015 with Jaimee Burke
The Bail Amendment Act 2015 (“the Act”) was passed on 27 October 2015 but at the time of writing is yet to commence. The Act amends some key sections of the Bail Act 2013 and also includes amendments to the Bail Act which are described as “in response to Martin Place siege review” (this is part of the heading to Schedule 2 of the Act). The amendments clearly expand the scope of the Bail Act especially in its consideration of Commonwealth terrorism related offences.
Summaries With Link (Five Minute Read)
Zhang v Popovic [2016] NSWSC 407
Supreme Court of New South Wales
Adamson J
Negligence - insurance - plaintiff injured when metal ramp attached to trailer behind truck fell on top of him - plaintiff sued parties connected with trailer - plaintiff joined compulsory third party insurer of trailer, and insurer of first four defendants, as fifth and sixth defendants -first defendant was truck driver, second defendant was registered owner of trailer - third defendant was driver's employer and used truck and trailer in freight business - fourth defendant was company associated with driver - ss5B, 5C, 5D Civil Liability Act 2002 (NSW) - ss11 & 46 Insurance Contracts Act 1984 (Cth) - ss3, 3A, 10 & 16 Motor Accidents Compensation Act 1999 (NSW) - Sch 1, cl 38 Motor Accidents Compensation Amendment Act 2010 (NSW) - s4A Motor Accidents (Compensation) Act 1979 (NT) - ss4, 5 & 23(1) Motor Accident Insurance Act 1994 (Qld) - s74 Trade Practices Act 1974 (Cth) - held: plaintiff granted judgment against first, second and sixth defendants - seventh defendant granted judgment on plaintiff's claim,, second and fourth cross-claims - first and second defendants granted judgment on first cross-claim.
Zhang
Williams v Ausnet Electricity Services Pty Ltd (Ruling No 2) [2016] VSC 145
Supreme Court of Victoria
T Forrest J
Evidence - plaintiff alleged stem of a sugar gum tree fell onto powerline causing bushfire subject of proceedings - another stem of tree failed in March 2016 - VicRoads advised tree required urgent removal - plaintiff sought that court view tree's remains - ss53(1), 53(3) Evidence Act 2008 (Vic) - forensic disadvantage to fourth defendant who had not engaged arborist or filed defence - held: Court ordered view to be conducted of tree's remaining portion - forensic disadvantage to fourth defendant attenuated by Court not entertaining submissions or statements from any party at view - tree to be preserved by VicRoads to enable examination by fourth defendant's arborist and for public safety.
Williams