NSW Supreme Court declares obligation in strata management statement and by-laws to appoint same managing agent to all building components inconsistent with NSW strata legislation.
The NSW Court of Appeal has overturned the earlier decision of the NSW Supreme Court and reiterated the general rule that a solicitor is not negligent in failing to remind a client of advice already given.
Once a psychosocial hazard is identified, an employer should assess the level of risk it poses, the likelihood or severity of its consequences, and available ways of eliminating or minimising the risk.
The Court of Appeal recently considered the foreseeability of psychiatric injury in a claim made by an employee who was subject to an investigation following performance complaints made by other employees.
Courts confirm NSW strata schemes cannot rely on by-laws, like those that prohibit pets or cooking, if they are "harsh, unconscionable or oppressive".
Section 4 of the Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022, introduces new sections that requires employers to identify reasonably foreseeable psychosocial hazards in the workplace.
![Article - De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56](/getattachment/969d159a-aaa2-472e-947d-a59c3f55c6a2/shutterstock_1099632536.jpg?lang=en-AU&ext=.jpg)
