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Death on Common Property Who’s Guilty

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7 April 2011

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A $10 Latch and 10 Minutes Work Would Have Saved This Boy’s Life

Iman Akter Mostafa, aged three (top left), died when he fell from a window of a strata scheme in Kogarah in 2009

http://www.chw.edu.au/parents/kidhealth/building_falls/

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Who’s Guilty for Death on Common Property Depends on….

1. Who dies?2. Obviousness of risk3. Probability of risk4. Magnitude of risk5. Cost or inconvenience of

avoiding risk

The Shirt Calculus; Wyong Shire Council v Shirt (1980) 146 CLR 40

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Applying the Shirt Calculus for Iman

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There Are No Prizes for Leaving Possible Defendants

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An Owners Corporation’s Duty of Care is Three Dimensional

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Reasonable Care Includes Compliance with Australian Standards When Built

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Findings of Negligence in Toomey

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Reasonable Care Does Not Include Retro Fitting for Changing Australian Standards

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Reasonable Care Includes Adopting New Non-Structural Australian Standards

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A Shift to Affirmative Action in NSW

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Applying Seiwa to Injury Cases

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A Qualified Duty of Care Exists in WA

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Strata Manager v Body Corporate

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Owners Corporation v Property Manager

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Residential Common Property is Always a Workplace

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Strata Managers Are Also Controllers

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New Work Health & Safety Laws Applied from January 2012

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Residential Exemption Likely to Be Meaningless and Confusing

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Beyond WHS Other Laws and Standards are Sprouting

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Best Practice Recommendations

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About the PresenterMichael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a

Bachelor of Laws and practices exclusively in the area of strata and

community title law. He is a Fellow of the Australian College of Community

Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt

University. He has also been the CEO of a publicly listed company and one of

Australia’s largest strata management companies managing over $8B of

residential and commercial property. Michael appears weekly on SKY News

Business Channel's Property Success with Margaret Lomas and is a regular

panellist for the property edition of Your Money, Your Call for the same

channel. You can read Michael’s blog at www.michaelteys.com and follow him

on Twitter at @MichaelTeys.comTeys Lawyers practice nationally in strata and community title law representing owners

corporations, bodies corporate and apartment owners. The firm’s practice groups include building

defects, strata community disputes, strata title property law, by-law / rules and levy / fee collection.

TEYS Lawyers provide an entirely cloud based working platform for their team. The firm provides

flexible working arrangements and has remote working locations in Queensland and Victoria.