There is an arguably unresolved question as to the extent to which an “obvious risk” within the meaning of the Civil Liability Act, 2002 can apply to an “employment situation”: Capar v SPG Investments Pty Limited [2020] NSWCA 354 at [60].

[60]  There is thus a long history of claims by persons who have put themselves in the way of danger, not necessarily in the course of a legal duty arising from the course of their employment (as may be the case for professional service providers such as firemen and police) against whom no denial of liability based on the doctrine of voluntary assumption of risk has been raised. It is not possible to infer that the principles applicable in such cases have been determined by the High Court inadvertently, without reference to an established doctrine of voluntary assumption of risk. The correct inference is that no such doctrine has operation in these cases.