In a claim for breach of statutory duty under the Occupational Health and Safety Regulations 2007 (Vic), the plaintiff must prove a causal connection between the specific breach relied upon and the injury suffered; it is not sufficient merely to prove breach and that the injury satisfies the definition of 'musculoskeletal disorder'. Where the worker already knew how to address the hazard (here, rotating or replacing a blunt blade), a failure to provide training or instruction on that matter is not causally connected to the injury. A party cannot advance on appeal a case not pleaded or run at trial, particularly where the absence of evidence on the point is consistent with the case not having been raised.
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