Duty of Care

• Cullen v State of New South Wales: A landmark case on duty of care at protest rallies

  29th Jun 2023

  Jeremy King and Sophia Baldi of Robinson Gill Lawyers explore the implications and outcomes of an incident that transpired during an ‘Invasion Day Rally’ in January 2017, during which police breached a duty of care to bystanders while making an arrest, resulting in significant harm to the plaintiff.

• Developments in institutional liability for sexual assault: SMA v John XXIII College (No.2) [2020] ACTSC 211

  27th Aug 2020

  Angela Sdrinis discusses the recent case of SMA v John XXIII College (No.2) [2020] ACTSC 211, which explored the liability of a university residential college for a sexual assault. The case shows that in some circumstances the common law is evolving to recognise that institutions should be held liable for the intentional torts of another person (even if they are not an employee) against vulnerable adults.

• Did the employer’s negligence cause the sales assistant’s psychiatric injury? Which case won?

  18th Jun 2020

  Phil Griffin explores the facts and outcomes of a recent psychiatric injury case decided in Queensland. This case highlights that the risks inherent in an employee’s role are an important consideration in determining the reasonable precautions that an employer must take to meet its duty of care to its employees.

• Filming an accident instead of helping – the law in NSW

  7th Jun 2018

  A discussion of the NSW laws surrounding filming, and whether we owe strangers involved in an accident a duty of care.

• Some traditions need to change: students and sexual abuse

  3rd Aug 2017

  AHRC released a report on sexual assault and harassment of university students. The report details disturbing instances of sexual assault and harassment.