Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson

[2024] QCA 171

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Employer's liability
4. › Duty to provide safe system of work
5. › Failure to prepare safe work method statement
6. › Whether employer breached duty of care
7. › Workers' Compensation and Rehabilitation Act 2003 (Qld)
1. Tort
2. › Negligence
3. › Vicarious liability
4. › Liability of principal for acts of employees
5. › Whether Council vicariously liable for failure of its workers to follow established system of work
1. Damages
2. › Assessment of general damages
3. › Common law assessment
4. › Whether statutory ISV scales should govern assessment of general damages at common law
5. › Workers' Compensation and Rehabilitation Regulation 2014 (Qld), schs 8, 9
6. › Civil Liability Act 2003 (Qld), s 5(1)(b)
1. Guarantee and Indemnity
2. › Indemnities
3. › Construction of contract
4. › Meaning of 'arising out of'
5. › Whether indemnity clause engaged where injury arose from performance of contract
6. › Whether indemnity covers liability arising partly from indemnified party's own negligence

Quick Take

Section 236B(3) voids indemnities in wet hire or similar arrangements where an employer indemnifies a principal to the extent they cover contribution claims by WorkCover, preventing the principal from enforcing the indemnity — not just WorkCover from being liable for the indemnified amount.