A vehicle owner who makes its vehicle available to a driver and does not seek to argue that deficiencies were due to an independent third party's inadequate maintenance bears effectively the same duty as an employer to provide safe plant and equipment. Jones v Dunkel licences but does not require the drawing of adverse inferences; the underlying inference must be open on the evidence before it can be strengthened by the failure to call a witness. A defendant pleading s 151Z(2) Workers Compensation Act 1987 must plead the material facts including the identity of the employer, the basis of the employment relationship, facts showing entitlement to proceedings against the employer, and failure to pass the s 151H threshold if relying on that point.
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