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When is a duty of care owed to the first responders to fatal accidents?

Australia - March 15 2019 Harm to the mental state of a claimant - as opposed to physical harm - has traditionally been called 'nervous shock'. However, despite this term…

Court of appeal upholds duty of care owed to police officer as a first responder to accident

Australia - March 10 2020 On 17 February 2013 Mr Williams was killed in a single vehicle accident in Queensland when he collided with a tree (the accident). Mr Caffrey (the…

Just Horsing Around - the rule in Searle v Wallbank

Australia - March 31 2017 A collision between a motor vehicle and livestock on a remote road is an all too frequent occurrence in rural and outback Australia. At common law…

Damage...the gist of the action and a question of fact

Australia - October 14 2015 On 12 August 2015 the High Court unanimously dismissed the employer’s appeal against a finding as to when the injured worker’s cause of action in…

Rhett Kennedy.

NSWCA rules on liability evidence and contributory negligence in blameless motor accident case

Australia - March 15 2017 NSW Court of Appeal upholds finding that plaintiff’s injuries were caused by being struck by an unidentified motor vehicle but that he was guilty of…