ARTICLE · 17 DECEMBER 2008

Dust Diseases – Evidence & Expert Witneses

DLA Piper Australia

Explore more from DLA Piper Australia

In BI (Contracting) Pty Limited v University of Adelaide [2008] NSWCA 210, the NSW Court of Appeal reaffirmed that its role is not to disturb findings of fact made by primary judges.

AustraliaEmployment and HR

Con Gotis-Graham

In BI (Contracting) Pty Limited v University of Adelaide [2008] NSWCA 210, the NSW Court of Appeal reaffirmed that its role is not to disturb findings of fact made by primary judges. The Court also confirmed that expert witnesses who were not practising at the time of an alleged tort, can still give opinion evidence on what the acceptable standard or knowledge was at the time of the alleged tort.

Facts

In 1961, the plaintiff, Professor Rowley was a member of staff at the University of Adelaide's Faculty of Medicine.

At that time construction work was being carried out on the Medical School at the Adelaide campus.

The appellant, BI (Contracting) (BIC) had been subcontracted by the University to fireproof structural steel beams. This work involved spraying the beams with a mixture consisting of amosite asbestos, chrysotile asbestos, cement and a bonding agent.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

A Timely Reminder: Court Continues The Trend Of Focusing On The Importance Of Statutory Timeframes

AustraliaEmployment and HR

Herbert Smith Freehills Kramer LLP

When Workplace Material Causes Psychiatric Injury: Secretary Department Of Communities And Justice v Soulos [2026] NSWCA 185

AustraliaEmployment and HR

Carroll & O'Dea

What Do The Employment Relations Act Reforms Mean For Your Business?

AustraliaEmployment and HR

A Tale Of Two Gates: The Limits Of A Head Contractor’s Duty Of Care

AustraliaEmployment and HR

Fair Work Commission Strictly Enforces 21-day Filing Deadline

AustraliaEmployment and HR

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Employment and HR
- Health & Safety

Related Comparative Guides

Comparative Guide

Technology Outsourcing

Comparative Guide

Employee Incentives

See more popular content from

Employment and HR

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?

AustraliaEmployment and HR

Lexplosion Solutions Private Limited

What is an employment separation certificate and when do I need to provide one?

When terminating an employee, employers must provide an employment separation certificate upon request.

AustraliaEmployment and HR

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.

AustraliaEmployment and HR

When Workplace Material Causes Psychiatric Injury: Secretary Department Of Communities And Justice v Soulos [2026] NSWCA 185

A recent NSW Court of Appeal decision highlights both the scope of an employer’s duty to guard against reasonably foreseeable psychiatric injury and the importance of the way issues are framed and concessions made during litigation.

AustraliaEmployment and HR

Carroll & O'Dea

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.

AustraliaEmployment and HR

Holding Redlich

Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.

AustraliaEmployment and HR

Bartier Perry Solicitors

Proposed Ban On Non-Compete Clauses.

The Australian Government has released draft legislation proposing to ban non-compete clauses for workers earning below the Fair Work Act high-income threshold, currently $190,100 per year. The reforms are not yet law and are intended to commence in 2027, subject to legislation passing Parliament.

AustraliaEmployment and HR

HHG Legal Group

AI Wearables In The Workplace: What Employers Need To Know

This article examines the rise of AI wearables—particularly AI-enabled smart glasses—in the workplace, covering both employer-driven use cases (such as logistics, healthcare, and remote operations) and employee-driven use (including accessibility, personal devices brought to work and covert recording).

AustraliaEmployment and HR

Herbert Smith Freehills Kramer LLP

A Tale Of Two Gates: The Limits Of A Head Contractor’s Duty Of Care

In Stathakis v Richard Crookes Constructions Pty Ltd [2026] NSWSC 1113, the NSW Supreme Court entered a verdict and judgment for the defendant against the plaintiff’s unsuccessful negligence claim finding that the defendant, as the head contractor of the site on which the plaintiff sustained injury, did discharge the duty of care it owed.

AustraliaEmployment and HR

The world court has spoken: What the ICJ’s ‘Right to Strike’ opinion means for Australian employers

The International Court of Justice has issued a landmark advisory opinion confirming that the right to strike is protected under ILO Convention No. 87, a treaty Australia ratified in 1973. While this opinion doesn't immediately change Australian domestic law, it creates a significant new reference point that unions may leverage in litigation, enterprise bargaining, and industrial relations reform discussions. Australian employers face potential challenges to existing Fair Work Act restrictions on protected

AustraliaEmployment and HR