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Australian Civil Liability (newsletter)
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2019
Volume 16 No 1 — March 2019
Interaction of the CLA and the ACL: some clarity forthcoming
Volume 15 No 10 — February 2019
Call the doctor: East Metropolitan Health Service v Popovic as executrix of the will of Emil Popovic
Journey claims — don’t stop believin’
Revisiting settlements in child abuse litigation: just and reasonable
Volume 15 No 9 — January 2019
NSW reforms organisational liability for child abuse
Amaca Pty Ltd v Raines; Seltsam Pty Ltd v Raines
The availability of unfair trial defence in historical child abuse cases
2018
Volume 15 No 7&8 — November 2018
Control of accident scene claim survives summary dismissal: Fuller-Wilson v New South Wales
Diagnosing professional misconduct: The Medical Board of Australia and Woollard
An apportionable claim “arising from a failure to take reasonable care” — time for the legislature to cure the ambiguity!
Duty of care owed by police officers and development of the law of negligence in light of the Smith v Victoria decision
Section 151D applications — more difficult with time
Hunt v Holcombe: statutory limitation periods no limit after all
Permanent stay applications increase in importance with removal of limitations period for child abuse claims
Personal liability for company contraventions: Veeraragoo v Goldbreak Holdings Pty Ltd
Caution: slippery when wet — Argo, Coles and principles of occupiers’ liability
Volume 15 No 6 — October 2018
Injunction requiring urgent medical treatment: DRB18 v Minister for Home Affairs
Sharp v Home Care Service of NSW: gratuitous care and the NDIA
Don’t cry over spilt … liquid, unless it’s a casual act of negligence
Your onus or mine? Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions: Gulic v Angelovski
Are casual employees missing out on their entitlements? — WorkPac Pty Ltd v Skene
Vicarious liability litigation duties
Volume 15 No 5 — August 2018
Your onus or mine? Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions: Gulic v Angelovski
Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v Workers Compensation Nominal Insurer
A defence or a starting point: applying the professional standards test
The burning issue of regulatory action in Victoria and New South Wales for aluminium composite cladding
Volume 15 No 4 — July 2018
Injury thresholds for general damages in personal injury claims and the Australian Consumer Law
Robinson v 470 St Kilda Road Pty Ltd: appeal court confirms no proportionate liability reduction arises from company’s liability for employee’s conduct
Loss of superannuation pension as compensable loss in personal injury cases: Amaca Pty Ltd v Latz
Volume 15 No 3 — June 2018
Recreational risk defences — am I involved in recreational activity?
Claim for a limited period of loss of enjoyment of life: Elysee v Hassan
Expert evidence: it’s not brain surgery — Battersby v Allan
Joint legal professional privilege under the Evidence Act 1995 (Cth): Davaria Pty Ltd v 7-Eleven Stores Pty Ltd
Volume 15 No 2 — May 2018
Special leave granted: what’s next? — Stephenson v Parkes Shire Council lives another day
Pension payments as damages — a pending High Court appeal: Amaca Pty Ltd v Latz
The duty of care requirement — not to be taken for granted: Bettergrow Pty Ltd v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2)
Chiropractic treatment and mental harm: Zhang v Hardas (No 2)
Volume 15 No 1 — April 2018
Redress and compensation for survivors of child sexual abuse
Psychological harm following stillbirth of baby: KS and XT v Calvary Health Care ACT trading as Calvary Hospital and Dr Andrew Foote
Holcombe v Hunt appeal: consistently inconsistent statutory limitation periods — but only sometimes
Volume 14 No 10 — April 2018
Section 5O(2) of the Civil Liability Act and the meaning of “irrational”: South Western Sydney Local Health District v Gould
The widely accepted practice provision: ongoing judicial debate
Delegation in discharge of tortious obligation — limitations aplenty!
Volume 14 No 9 — February 2018
Appeal court apportions responsibility to landlord and tenant as well as the managing agent: Libra Collaroy Pty Ltd v Bhide
AB v Australian Capital Territory
Jambrovic v Day
Holcombe v Hunt
Be careful who you brief — expert evidence, vicissitudes, and other matters: Smith v Alone
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