Torts, Damages & Civil Liability News

NSW Releases Consultation Paper On Child Abuse Civil Litigation Reforms

Monday 24 July 2017 @ 11.34 a.m. | Torts, Damages & Civil Liability

The NSW Department of Justice has issued a consultation paper for issues raised by the Royal Commission into Institutional Responses to Child Sexual Abuse about civil litigation reform.  The consultation paper deals with three major issues: expanding the duties of institutions to prevent child abuse; ensuring that survivors can easily identify a proper defendant to civil claims; and requiring institutions to have insurance cover for child abuse.  Public submission on issues raised in the consultation paper are open until 5pm on 4 September 2017.

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Polwarth v Woolworths Ltd [2017] QDC 133: Exaggerated Injury Claim by Plaintiff Results in Reduced Compensation Payment

Tuesday 27 June 2017 @ 9.51 a.m. | Industrial Law | Legal Research | Torts, Damages & Civil Liability

In the case of Polwarth v Woolworths Ltd [2017] QDC 133 (19 May 2017), Woolworths has avoided paying more than $140,000 in damages after surveillance footage of a customer who slipped on a grape in February 2014 revealed his claims about an injury caused by the accident were “inconsistent”.

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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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