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Duty of Care

Police powers and duties: incoherence and incompatibility; Summary dismissal

By robert / October 3, 2018 / Comments Off on Police powers and duties: incoherence and incompatibility; Summary dismissal

CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available that common law should be extended to recognise duty of care –…

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Corporate structure and duty of care

By robert / March 27, 2018 / Comments Off on Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the cross-appeal. The Court held: In relation to (i): (1)   Neither the separate…

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Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel

By robert / September 18, 2017 / Comments Off on 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

By robert / December 27, 2016 / Comments Off on 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

By robert / December 12, 2016 / Comments Off on 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…

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

By Robert Sheldon / February 9, 2016 / Comments Off on A test for whether a public authority owes a duty a care?
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