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Australian Civil Liability (newsletter)
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Volume 14 No 9 & 10 — November 2017
Jambrovic v Day
Holcombe v Hunt
Be careful who you brief — expert evidence, vicissitudes, and other matters: Smith v Alone
Volume 14 No 8 — October 2017
No assumption of responsibility, no reliance and no vulnerability — the appeal from Chan v Acres
70 years in the making — the Civil Liability (Third Party Claims Against Insurers) Act 2017
Cladding, combustion and construction risks — the implications of deadly tower fires
Volume 14 No 7 — September 2017
Misdiagnosis, delay and causation: Coote v Kelly
Rules of play — Miller v Jones
Assessing damages in nervous shock proceedings: South Western Sydney Local Health District v Sorbello
Handing over file notes of conference — Pierides (By His Litigation Guardian Pierides) v Monash Health (fka Southern Health)
Volume 14 No 6 — August 2017
Battery and consent in the case of a medical procedure: Tinnock v Murrumbidgee Local Health District (No 6)
Take two: the Court of Appeal dismisses a shareholder’s novel negligence claim in connection with the conduct of a capital raising — RinRim Pty Ltd v Deutsche Bank AG
70 years in the making — the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)
Causation and the “but for” test: Corp of Synod of Diocese of Brisbane v Greenway
Liability in negligence during urgent surgery: Hobson v Northern Sydney Local Health District
Volume 14 No 5 — July 2017
Illegality as a defence to negligence
Abuse liability: learning from the outcome in New South Wales v DC
Hobson v Northern Sydney Local Health District
Court-ordered mediation: the obligations imposed on parties and the consequences of breach: Re Staway Pty Ltd (In Liq) (Recs Apptd)
Volume 14 No 4 — June 2017
Solidary liability lives in death claims arising out of personal injury — Shinwari v Anjoul bht Anjoul
When is a duty of care owed in mental harm claims? — Optus Administration Pty Ltd v Wright bht Wright
“I would have done things differently, truly I would!” — Ipp legislative treatment of hindsight bias
The scope of advocate’s immunity affirmed
Volume 14 No 3 — May 2017
The importance of having evidence to prove all aspects of your case: Guru v Coles Supermarkets Australia Pty Ltd
A cautionary tale on protecting your costs position: Cave v Australian Capital Territory
Reasonable foreseeability of mental harm
Volume 14 No 2 — April 2017
The sad case of the part-eaten wedding cake: Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner
Duty of care for police officers suffering psychological injury: New South Wales v Briggs
Not so permanent significant injury?
Volume 14 No 1 — March 2017
Zora v St Vincent’s Hospital Sydney Ltd
Control, conflicting duties and criminal third parties: Roberts v Westpac
A novel duty of care category denied — RinRim Pty Ltd v Deutsche Bank AG
Effective pleading of causation
Volume 13 No 10 — December 2016
Issues surrounding briefing expert witnesses and amending expert reports — a review of recent judicial commentary
Nervous shock: how the severity of the injury affects the damages awarded: Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network
Case v Eaton
Volume 13 No 9 — November 2016
The duty of care owed by a principal contractor — is it delegable?
High Court describes the “relevant approach” to vicarious liability with proviso that the boundaries of the principle are not marked out
Obstacles to pursuing loss of opportunity damages — Winky Pop Pty Ltd v Mobil Refining Australia Pty Ltd
Volume 13 No 8 — October 2016
Case note: Freestone v Murrumbidgee Local Health District
Creating an even playing field: extending unfair contract term protections to small business
Liability of road authorities — Ipp legislation strikes again!
The significance of framing your case against the Civil Liability Act: Nepean Blue Mountains Local Health District v Starkey
Volume 13 No 7 — September 2016
The importance of intention
Proportionate liability — when does a claim arise from a failure to take reasonable care? Cassegrain v Cassegrain
Wang v Australian Capital Territory (Discrimination)
Boateng v Dharamdas
Volume 13 No 6 — August 2016
Opinion: unexpected mandatory insurance fee imposed on protected persons by NSWTG
Robinson Helicopter Company Inc v McDermott
Not simply a case of being disappointed as a beneficiary: applying the principles of Hill v Van Erp
When has an obligation to obtain informed consent been discharged?
Volume 13 No 5 — July 2016
Case note: Iacovone v Raftos
A solicitor’s obligation — a refresher on the duty of disclosure
Advocate’s immunity revisited and explained: Attwells v Jackson Lalic Lawyers Pty Ltd
Exceptional case provisions are not loop holes: Carangelo v New South Wales and the complexity surrounding evidentiary gaps in causation
Volume 13 No 4 — June 2016
Eliciting consent to a medical procedure from a non-English speaking patient
Court accepts market-based causation: in the matter of HIH Insurance Ltd (in liq)
Case note: Richtoll Pty Ltd v WW Lawyers (in liq) Pty Ltd
Is settlement advice covered by advocate’s immunity? The High Court decides: Attwells v Jackson Lalic Lawyers Pty Ltd
Volume 13 No 3 — May 2016
Should contracts of insurance be construed in favour of insurers when in doubt? Todd v Alterra at Lloyds Ltd
Smith v Hunter New England Local Health District
A reflection on no-fault compensation
Lifetime care and support for the catastrophically injured — ACT update
Volume 13 No 2 — April 2016
Liability of planning authorities for motor vehicle accidents
The long reach of the misleading or deceptive conduct provisions in the Australian Consumer Law: Cummins Generator Technologies Germany GMBH v Johnson Controls Australia Pty Ltd
Declarations in favour of strangers to contracts
The pitfalls of lending a helping hand
Volume 13 No 1 — March 2016
Duty of care to avoid economic loss considered — Chan v Acres
Genetic advice duties, normative causation and wrongful birth damages: a brief discussion following Waller v James
High Court of Australia — Allen v Chadwick Relying on the care and skill of an intoxicated driver: the lesser of two evils?
Roads authority immunity “actual knowledge” proviso: Nightingale v Blacktown City Council
Volume 12 No 10 — January 2016
Authority of solicitors to bind clients to contracts: Pavlovic v Universal Music Australia Pty Ltd
Gratuitous care in Queensland: Petchell v Du Pradal; Pia Du Pradal Pty Ltd v Petchell, Mules v Ferguson and Ballandis v Swebbs
Federal Court rejects an early “common fund” application in the Allco Class Action — Blairgowrie Trading Ltd v Allco Finance Group Ltd (Recs & Mgrs Apptd) (in Liq)
School liable for sexual abuse by principal
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