Torts, Damages & Civil Liability News

State of NSW v DC [2017] HCA 22: Duty of Care State Government Department

In State of New South Wales v DC [2017] HCA 22 (14 June 2017), the High Court of Australia has revoked a grant of special leave to appeal against a decision of the Court of Appeal of the Supreme Court of  NSW [see DC v State of New South Wales [2016] NSWCA 198]. 

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South Australian Civil and Administrative Tribunal (SACAT): The Two Year Review

Under section 96 of the South Australian Civil and Administrative Tribunal Act 2013 [the SACAT Act] there was a requirement created for an independent review of the operation of the South Australian Civil and Administrative Tribunal [SACAT] to be undertaken following SACAT's first two years of operation. That review has now been announced and the terms of reference for the review have been circulated.

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Discussion Paper Released On Proposed Commonwealth Civil Penalty Regime for Non-Consensual Sharing of Intimate Images

Monday 22 May 2017 @ 12.25 p.m. | Torts, Damages & Civil Liability

The Commonwealth Government has released a discussion paper on the introduction of a civil penalty regime for non-consensual sharing of intimate images.  The paper sets out the proposed details of the civil penalty regime, including possible information gathering powers and enforcement mechanisms.  The Government foreshadowed the release of the paper in an announcement made last year by Minister for Women Michaelia Cash, who told ABC News that the criminal process could be too slow for victims, who were often more concerned with whether the image could be removed.

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New Bill for Allowing Third Party Insurance Claims Against Insurer in NSW

Thursday 11 May 2017 @ 11.06 a.m. | Torts, Damages & Civil Liability

The Legislative Council in NSW passed the Civil Liability (Third Party Claims Against Insurers) Bill 2017 (NSW) (the Bill) on 9 May 2017. On the same day, the Bill was introduced into the Legislative Assembly and awaits the approval from the Members
of Parliament (MP) in the Legislative Assembly. The Bill will come into action on the date of assent. The Bill was first introduced in the Legislative Council by the NSW Minister for Resources, Minister for Energy and Utilities and Minister
for the Arts
- Mr Don Harwin - on 3 May 2017.

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Talacko v Bennett [2017] HCA 15: Foreign Judgments

In Talacko v Bennett [2017] HCA 15 (3 May 2017), the High Court of Australia has unanimously allowed an appeal from the Court of Appeal of the Supreme Court of Victoria (see Bennett v Talacko [2016] VSCA 179 (28 July 2016)).

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