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Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Neil J Foster
This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.
The Civil Action For Breach Of Statutory Duty In The Common Law World, Neil J. Foster
The Civil Action For Breach Of Statutory Duty In The Common Law World, Neil J. Foster
Neil J Foster
The tort action for Breach of Statutory Duty provides an intersection between the goals of private law and ‘public’ goals as determined by legislation. But the question as to when, in what circumstances, and why, a civil action should be available to a claimant whose statutory rights have been breached continues to be agitated. This paper argues that the tort, far from deserving the accusations of incoherence and unpredictability sometimes levelled at it in the common law world, has a respectable and coherent history and justification within the common law of torts. There are reasons for doubting whether it should …
Towards A National Ohs Law, Neil J. Foster
Towards A National Ohs Law, Neil J. Foster
Neil J Foster
The biggest change in the OHS legal environment in Australia in over 25 years is approaching, with the possible enactment of uniform legislation in the form of the model Work Health and Safety Act produced by Safe Work Australia in response to recommendations of a joint Federal and State ministers’ meeting. This paper provides an overview of the new legislation, touching on the new definition of duty-holders as “persons conducting a business or undertaking”, obligations imposed on managers, the differential penalty regime, new options for enforcement, and whether or not the recent High Court decision in Kirk will have any …
Jesus: Dead Or Alive? A Lawyer’S View Of The Evidence For The Resurrection, Neil J. Foster
Jesus: Dead Or Alive? A Lawyer’S View Of The Evidence For The Resurrection, Neil J. Foster
Neil J Foster
This paper considers whether the evidence for the resurrection of Jesus of Nazareth would be admissible under the principles of the Australian law of evidence. It concludes that it would be.
Further Uk Developments On Freedom Of Religion, Neil J. Foster
Further Uk Developments On Freedom Of Religion, Neil J. Foster
Neil J Foster
Two further UK cases, Eweida and MacFarlane, reveal dismissal of Christians for exercise of freedom of religion, and difficulties with the way the law is being applied in the UK.
Note On Kirk V Industrial Relations Commission Of New South Wales [2010] Hca 1 (3 Feb 2010), Neil J. Foster
Note On Kirk V Industrial Relations Commission Of New South Wales [2010] Hca 1 (3 Feb 2010), Neil J. Foster
Neil J Foster
This decision of the Full Bench of the High Court has cast into some doubt the interpretation of the NSW Occupational Health and Safety Act 2000, and throws a shadow over the continuing work of the Industrial Court of NSW in this important area of law.
Personal Corporate Officer Liability Under The Model Work Health And Safety Bill, Neil J. Foster
Personal Corporate Officer Liability Under The Model Work Health And Safety Bill, Neil J. Foster
Neil J Foster
For many years it has been acknowledged that the possibility of personal criminal liability of company officers plays a key role in encouraging company compliance with OHS obligations. The area of personal liability is one of those where currently there is a wide divergence between different Australian jurisdictions. This paper offers some comments on the suggested national model and an evaluation of whether the proposed model will be effective in seeing that companies pay closer attention to OHS responsibilities.
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster
Neil J Foster
Explores civil liability arising from the Buncefield refinery explosion.