Tort - Negligence - Personal injury - Breach of duty - Risk calculus - Causation - Schoolyard accident - Student attempting to lift heavy drainage grille - Claim based on failure to supervise students failing - Claim based on failure to warn of hazard succeeding - Reasonableness of school's response to foreseeable hazard - Causation - Efficacy of proposed warning not considered.

Appeal - Magistrates' Court - Appeal to Supreme Court on question of law - Challenge to factual determinations - Common law negligence - Failure to consider relevant matters - No evidence ground - Test - Case remitted for further hearing - "Question of law" - Magistrates' Court Act 1989 (No 51) s 109

Occupational Health and Safety — Duty of employer — Independent contractors — Whether duty of employer to ensure safety of ‘persons other than employees of the employer’ applied to employees of independent contractors of the employer — Overlap of offences — Occupational Health and Safety Act 2004 (Vic), s 21, s 23(1)

Appeal — Magistrates’ Court — Charge dismissed — Whether dismissal of charge a ‘final order’ — Whether appropriateness of charge a ground for dismissal — Whether respondent deprived of a defence by prosecution choice of charge — Whether abuse of process — Criminal Procedure Act 2009 (Vic), s 272