The test for setting aside a default judgment in Western Australia requires the defendant to present a credible defence demonstrating a real prospect of success if the matter were argued on its merits. Where an employer establishes a safe system of work but an employee of an independent subcontractor departs from that system, it is at least arguable that the employer's non-delegable duty to provide a safe system of work is not breached.
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2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.