Archive for Duty of Care

Solicitor's duty beyond the retainer

AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153

85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks JJ identified the scope of a solicitor’s duty of care as follows:[2]

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Police officers: duty of care owed by State

State of New South Wales v Briggs [2016] NSWCA 344

1. Per curiam: In relation to the numerically large body of police officers, breach of a duty of care must be assessed in light of a postulated system that should have been devised, or a general instruction which should have been given, and which would probably have prevented the psychological injury: at [8], [31], [64]-[68], [96], [138]-[139], [151]-[153]. Read More→

A test for whether a public authority owes a duty a care?

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