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Whose Worker Is It Anyway? – Ward v Endeavour Coal Pty Ltd
In Ward v Endeavour Coal Pty Ltd, the NSW Supreme Court confirmed that where a host employer assumes full practical control of a labour hire worker, vicarious liability transfers to the host – not the labour hire company. Perhaps of even more significance, the decision also confirms that an employer’s non-delegable duty of care is strict: if a worker fails to take reasonable care, the employer is in breach, regardless of any personal fault on its part.
For public liability insurers and corporate insureds, the case provides a clear framework for risk assessment and early investigation strategy in labour hire injury claims. Milton Latta and Alex McGrath of Carter Newell examine the key issues and their practical implications.
23 March 2026
- Expertise areas
Carter Newell is pleased to release its 13th edition of the Australian Civil Liability Guide. Since 2005, this Guide has been the go-to reference for insurance professionals navigating Australia’s complex liability landscape.
With civil liability law continuing to evolve across every Australian jurisdiction, insurers, brokers, underwriters, managing general agents, third party administrators and risk managers need a comprehensive, up-to-date resource they can rely on.
More than two decades after the Ipp Report reforms, this trusted reference continues to provide the comprehensive guidance the insurance sector needs.
13 December 2024
- Expertise areas
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success.
With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
1 March 2023
- Expertise areas
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
1 December 2020
- Expertise areas
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
