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Australian Civil Liability (newsletter)
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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
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
Vicarious liability litigation duties
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
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
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