The duty of care owed by an occupier under Part IIA of the Wrongs Act 1958 (Vic) is not non-delegable; an occupier may delegate the discharge of its duty of care to another party such as an operator engaged under contract. Where a party claims indemnification for breach of a contractual obligation to hold insurance, that party bears the evidentiary and ultimate burden of proving that a conforming policy would have responded to the relevant claim; the burden does not shift to the party in breach to prove the policy would not have responded. Certificates of currency are insufficient secondary evidence to establish the terms and exclusions of an insurance policy not in evidence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.