Role & Responsibility of an Expert Witness

Richard RobinsonDue Diligence

Arising from a recent expert witness commission, the legal counsel directed R2A’s attention to Makita (Australia) Pty Ltd v Sprowles [2001} NSWCA 305 (14 September 2001), which provides an excellent review of the role and responsibility of an expert witness, at least in NSW.

Witness Box Whiteboards?

Richard RobinsonEngineering Consultants

Engineers tend to think problems through as visual concepts, particularly as a concept sketch or design. This is reflected by a lawyer trained CEO of a water authority: Now that you mention it, I have noticed that if I get between the whiteboard and my engineers they do tend to go mute. That is, for an engineer a picture really … Read More

EA College of Leadership & Management Event

Tim ProcterProfessional Development

In his capacity as Victorian Committee member, Tim Procter organised and MCed the recent winter seminar for Engineer Australia’s College of Leadership and Management. Daniel van Oostenwijck (VicTrack) and Clive Domone (EY) spoke on The Mobile Office – Working Anywhere, providing insight to help leaders and managers achieve high performance when leading distributed teams. Daniel and Clive made many interesting … Read More

Engineering Coming Into Focus

Tim ProcterDue Diligence, Engineering Consultants

Doctor Iain McGilchrist will soon be in Australia to present to the 2017 Annual Conferences of Judges of the Federal and Supreme Courts of Australia. Dr McGilchrist is a psychiatrist and a former reader in English at Oxford University. Dr McGilchrist’s most recent book, The Master and His Emissary, has been discussed in an illustrated TED talk and is also … Read More

Specialist, Manager or Innovator?

Richard RobinsonConsulting

“The analogy with music is useful because nobody can dispute the fact that there are three types of musician: the composer, the performer and the conductor.  Nor can anybody disagree that there are world-famous musicians who are outstanding in one of these three professions without having outstanding talent for either of the other two.  If we agree on this, we … Read More

Timeline of Key Australian Risk Concepts and Events

Richard RobinsonConsulting

R2A’s recent work on dam safety led us to develop a timeline of key risk and due diligence concepts and events as they have appeared and influenced Australia. This goes some way to explaining the current divergence between the AS/ISO 31000 hazard-based risk management approach, and the common law and WHS Act precaution-based due diligence approach. In essence, both approaches … Read More

Swinburne 2016 Wrap-up

Richard RobinsonEducation

The post-graduate course R2A presents at Swinburne became a core unit in 2016. Over 80 students enrolled in first semester. The course is based around the 2016 edition of the R2A Text. Presenters from R2A included Gaye Francis, Tim Procter, Richard Robinson and Adriaan den Dulk. The enrolment numbers were a step up from previous semesters, and the topics students chose … Read More

Recommended Reading List

Tim ProcterConsulting

R2A maintains a focus on our directors’ continued personal and professional development. One key area of this is exploring new and historical ideas from the wider engineering context. We often find interesting ideas in our reading, with relevant ideas for engineers, especially as they relate to due diligence and good decision-making. Our recent blogs have discussed titles such as: A Field … Read More

Safety in Design – A Due Diligence Perspective

Gaye FrancisDue Diligence

Due diligence is a legal concept.  From the Concise Australian Legal Dictionary, due diligence is, a minimum standard of behaviour involving a system which provides against contravention of relevant regulatory provisions and adequate supervision ensuring that the system is properly carried out. The concept of due diligence has been captured in Corporations law, Environmental Law and now the model Work … Read More

Precautionary Principle vs Precautionary Approach: What’s the Difference?

Richard RobinsonEducation

One of the more interesting philosophical issues arising from the introduction of the model WHS legislation is the question of whether the precautionary principle incorporated in environmental legislation is congruent with the precautionary approach of the model WHS legislation. The precautionary principle is typically articulated as: If there are threats of serious or irreversible environmental damage, lack of full scientific … Read More