Damian Hegarty
Principal
Principal
Damian has over 15 years' experience advising in employment, work health and safety and regulatory law.
Damian regularly advises and represents private and public sector clients across a broad range of industries, such as construction, mining and energy, education, amusement and leisure, industrial manufacturing, transport and logistics, labour hire, hospitality, health and aged care. Those clients range from individuals charged with offences through to some of Australia's largest publicly listed companies as well as state and commonwealth government agencies, nationally.
Damian possesses extensive expertise in crisis response and incident management, as well as defending workplace health and safety (WHS) and other regulatory proceedings. He has a strong track record in managing ill and injured workers, including handling disputes related to workers' compensation claims. His experience also includes responding to and, where appropriate, challenging regulatory notices such as Improvement and Prohibition Notices. Additionally, Damian is well-versed in right of entry disputes and conducting workplace investigations, ensuring compliance and effective risk management in complex workplace environments.
Some of Damian's recent matters include:
- Successfully defending a state government health service against 8 work health and safety charges arising from allegations of occupational violence.
- Successfully challenging a series of regulatory notices issued, including show cause notices, which may have resulted in accreditation being lost.
- Obtaining urgent injunctive relief in a right of entry dispute for a key infrastructure project.
- Appearing on behalf of clients before the Independent Commissioner Against Corruption and Coronial Inquests with no adverse findings resulting in further action being taken.
Damian's clients appreciate his clear and calm advice in the face of a crisis and fierce advocacy on their behalf while being commercially pragmatic.
Damian has been recognised in Best Lawyers for Labour and Employment Law and Occupational Health and Safety Law since 2021 and Lawyer of the Year in the 2024 list, as well as having been recognised in Doyle's Guide.
A recent decision by the NSW Court of Appeal upheld the principle that the plaintiff bears the onus of establishing the cause of his accident. In circumstances where the plaintiff is unable to establish this cause on the basis of the evidence available, the defendant cannot be presumed liable for the incident simply by the mere fact that it occurred.
McCabes acted for the successful defendant in the matter of Macari v Snack Brands Foods Pty Ltd [2024] NSWSC 139 where the NSW Supreme Court recently held that the plaintiff was unable to establish the cause of his slip and fall down a staircase, and thereby could not establish what reasonable precautions the occupier should have taken to prevent the plaintiff from slipping on the stairs.
+61 7 3444 9324 
