Civil liability

• Reform of NSW child sex abuse laws welcome

  10th Nov 2021

  New laws in NSW that allow courts to set aside unfair settlements in child sexual abuse matters are very welcome, says the Australian Lawyers Alliance (ALA).

• The level of detail required in pleadings against the Crown: Niass v State of NSW

  1st Jul 2021

  Pleadings are required to identify the issues of the case, to articulate the nature and content of the claims, and to provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The second judgment discussed is the case of Niass v State of NSW.

• The level of detail required in pleadings: PWJI v The State of NSW

  24th Jun 2021

  Pleadings must identify the issues of the case, articulate the nature and content of the claims, and provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The first judgment discussed is the case of PWJ1 v The State of NSW.

• Governments face a reckoning in the courts over climate change failure

  9th Jan 2020

  In the midst of the bushfire catastrophe in Australia and in the shadow of the failure of successive governments to act on warnings by scientists, Greg Barns SC argues that it will only be a matter of time before the courts are forced to step in as they have done with Big Tobacco and Big Pharma.

• Justice for survivors of institutional child abuse: how the NSW vicarious liability amendments shape up

  21st Nov 2019

  Andrew Morrison RFD SC examines whether the reforms enacted by the Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 (NSW) will deliver the promised pathways for justice to survivors of child abuse in institutional settings.

• Farnham v Pruden & Anor [2016] QCA 18

  8th Apr 2016

  Shane Lawlor provides a case note that looks at the Civil Liability Act 2003 (Qld) (CLA) and the Workers’ Compensation and Rehabilitation Act 2003 [(Qld) (WCRA)].

• Victorian Government must take Horvath case seriously

  1st Aug 2014

  The Australian Lawyers Alliance (ALA) has supported a call for the Victorian Government to take its international obligations seriously, following the Government’s inaction to rectify breaches of the United Nations International Covenant on Civil and Political Rights (ICCPR).

• Pendulum swinging back to rights for injured to seek redress

  26th Oct 2012

  For the first time since the media announced a “public liability crisis” in 2002, the pendulum is starting to swing back towards the rights of the injured to redress within our courts, lawyer Travis Schultz told the Australian Lawyers Alliance National Conference in Glenelg today.