Edmund Barton Chambers comprises more than 50 barristers and is one of the largest chambers in SydneyView our Barristers
Our barristers specialise in advocacy and advice and have expertise in a number of areas of the lawmore
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Healey v Penrith City Council & Ors
In Healey v Penrith City Council & Ors, the Court of Appeal held that the Council owed no duty of care to a refuse collector employed by a refuse collection company, overturning the trial judge’s decision. The Court held that the Council’s control over the system of work did not justify the imposition of a duty of care, and that although street litter bins were on occasion damaged and difficult for the plaintiff to remove from their cradles, the plaintiff had failed to prove that Council knew of the defects in the bins that caused his injury. Richard Cavanagh SC and Stephen Walsh appeared for the Council.
Yates & Wilcox and Ors  FamCA 518
In Yates & Wilcox and Ors  FamCA 518 the Family Court has refused an application by a husband for an interim property settlement of $674,000. The Court also granted a suite of injunctions against the husband in respect of the parties’ interests in numerous entities. Christopher Lawrence appeared for the wife.
TAL Life & Anor v Shuetrim
On 7 April 2016, the Court of Appeal overturned the trial judge’s decision in TAL Life & Anor v Shuetrim, a life insurance claim by a former police officer. The Court held that the question of whether the plaintiff was ‘unlikely ever’ to engage in gainful work for which he was reasonably qualified by education, training or experience in the total and permanent disablement definition commonly found in many group life insurance policies obtained by superannuation trustees was to be interpreted as meaning ‘no real chance’, a more onerous test than satisfaction on the balance of probabilities which had been applied in previous first instance decisions. Stephen Walsh appeared for TAL led by Ian Jackman SC