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Unpainted Speed Hump Trips Up ‘Obvious Risk’ Defence
When is a hazard truly “obvious”? The New South Wales Court of Appeal’s decision in The Owners – Strata Plan No 31337 v Balacco [2026] NSWCA 50 serves as a timely reminder that the answer is not always straightforward. The case arose from a trip on an unpainted speed hump in a carpark where every other hazard had been marked, and the consequences for the Owners proved significant. In this article, Partner Danielle Skinner, Senior Associate Nina Abangan and Paralegal Emma Woods examine how the selective painting of hazards undermined the obvious risk defence, and what occupiers must consider when managing risk across their premises.
Carter Newell is certified as a Family Inclusive Workplace by Family Friendly Workplaces. The certification acknowledges workplaces that excel across five critical pillars: flexible work, parental leave, family care, family wellbeing, and leadership culture. Carter Newell is committed to nurturing a workplace where our people don’t have to choose between excelling at work and being fully present with their families. Through our Family Inclusive Workplace certification, we’re putting that belief into action.
12 August 2025
Carter Newell is pleased to have been named as a finalist across three categories in the Lawyers Weekly’s Australian Law Awards 2025. The firm is a finalist for the Insurance Team of the Year and Dispute Resolution and/or Litigation Team of the Year. We congratulate Partner Patrick Mead who is also a finalist for Litigator of the Year, following on from his recent win as Partner of the Year for Construction, Projects and Infrastructure.
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Our Planning and Environment team is proud to have assisted Malchi Holdings Pty Ltd in securing approval for the Malchi-Nine Mile Quarry located west of Rockhampton. The quarry is well positioned to make a strategic contribution to the delivery of the regionally significant Rockhampton Ring Road and Bruce Highway upgrade.
