Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel



In December 2010 the Commonwealth of Australia, through Border Protection Command, was conducting an operation in Australian territorial waters in the vicinity of Christmas Island known as “Operation Resolute” which was directed towards responding to identified maritime threats, including irregular maritime arrivals.


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Solicitor's duty beyond the retainer


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]. Continue reading “Police officers: duty of care owed by State”