MID NORTH COAST & NORTHERN RIVERS REGIONS
Please contact Regional Risk Manager, Mark Spry, for more information.
| Date: | Wednesday 9th October 2024 |
| Time: | Registration at 10:00am Mock trial starts at 10:30am. Ends approximately at 1:30pm. |
| Location: | Clarence River Jockey Club – 273 Powell Street, Grafton |
| Cost: | Free to attend. There will be coffee and tea on arrival. Lunch is also provided. |
| Register by: | COB Wednesday 11th September 2024 |
| Who should attend: | Risk, claims & insurance staff, directors of engineering, asset managers, asset inspectors, roads construction and maintenance supervisors, bridge crews and event staff. |
THE PROGRAMME
Nikki Cassar and Michael Down of Mills Oakley will lead a program of mock trials highlighting the negligence issues councils face associated with the use, inspection and maintenance of their bridges.
The mock trial is based on a real case in which Mills Oakley acted for Council.
THE SCENARIO
Cyclists and timbers bridges – what could possibly go wrong?
A cyclist was participating in an organised charity ride. She sustained serious injuries when she lost control of her bicycle on a bridge when her front wheel became caught in one of the timber planks. She fell over the side of the bridge into a rocky ravine below. An inspection was carried out by Council in the weeks before the incident and no safety issues were identified to vehicles. Safety to cyclists was not a consideration in the inspection. Following the incident, Council erected warning signs directed at cyclists and undertook maintenance work to replace the timber deck. The case will look at many elements of the Civil Liability Act applicable to councils including foreseeability, obvious risk, warnings, resources, statutory powers, roadworks and knowledge of the risk on the part of council.