Proximity, Entrepreneurs and the Employee-Independent Contractor Distinction: Stevens v. Brodribb Sawmilling Co. Pty Ltd

Regan Neate
1988 QUT Law Review  
LL.B. (QIT). 1. The duty is to take reasonable care to carry on his business operations so as not to subject his employees to unnecessary risks: Smith v. Baker & Sons [1891] AC 325. For convenience, the duty has been divided into three headings, namely, the duty to (i) provide adequate plant and machinery; (ii) select competent staff to supervise; and (iii) provide a safe system of work: Wilsons & Clyde Coal Co. Ltd v. English [1938] AC 57; Commissioner for Railways (N.S.W.) v. O'Brien (1958)
more » ... v. O'Brien (1958) 100 CLR 211. 2. Broom v. Morgan [1953] 1 QB 597; Darling Island Stevedoring and Lighterage Co. Ltd v. Long (1957) 97 CLR 36. % 3. See G. Williams 'Liability for Independent Contractors' [1956] Camb. L.J. 180. 4. Laugher v. Pointer [1826] 108 ER 204; Quarman v. Burnett [1840] 151 ER 509. For exceptions to this rule, see J.G. Fleming "The Law of Torts" 7th edn. Law Book 1987 at 360-4. 5. Cf.eg. Queensland Stations Pty Ltd v. Federal Commissioner of Taxation (1945) 70 CLR 530 (in relation to taxation); Humberstone v. Northern Timber Mills (1949) 79 CLR 389 (in relation to workers' compensation); Ready Mixed Concrete (SE) Ltd v. Minister of Pensions of National Insurance [1968] 2 QB 497 (in relation to national employers' insurance); AMP Society v. Chaplin (1978) 18 ALR 385 (in relation to long service leave). 6.
doi:10.5204/qutlr.v4i0.301 fatcat:ggafn7bcazciploemwjonb5424