Getting ahead on sporting risks at school; “When games are properly controlled and supervised, allowing children to participate in them is not, in the absence of special circumstances, negligent”

Introduction The authors successfully acted for the NSW Department of Education in a crucial case where the NSWSC considered whether a school breached the duty of care owed to a student suffering a serious head injury whilst playing a ‘hybrid’ football game. Consideration was given to various statutory defences around dangerous recreational activity and also […]

Court finds it is lawful to detain evidence of Opal card concession

On 14 November 2017 the NSW Court of Appeal held that Mr Le was lawfully detained by police for the purpose of producing evidence of his Opal card concession.   State of New South Wales v Le [2017] NSWCA 290 On 14 November 2017 the NSW Court of Appeal held that Mr Le was lawfully […]

Commonwealth Redress Scheme for Institutional Child Sexual Abuse: Is $150,000 enough?

On 26 October 2017 Mr Christian Porter, Minister for Social Services, tabled a bill in parliament, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (‘the Bill’) to establish legislation for a Commonwealth Redress Scheme for victims of institutional child abuse. The bill The bill sets up a process by which victims can […]

Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour bond. The respondent sued the appellant seeking damages for assault. At the trial, the appellant denied that […]

Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a restaurant.  In proceedings heard before Justice Lyons in the Supreme Court of Queensland, Mr Cleret […]

Let’s talk about death – who owns my body?

Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date.  In this article we consider a problem that can arise after your death – that is, who is responsible for your body? The burial of a person after […]

Let’s talk about death – death in contemporary Australia

One of McCabes embedded values is courage and to openly talk about death requires courage.  Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us.  With this in mind, the article examines the steps a person can take before they die […]

Section 5D(2) of the CLA: another “non-exceptional” case

The New South Wales Court of Appeal in the case of Carangelo v State of New South Wales [2016] NSWCA 126 (Carangelo) recently considered the application of section 5D(2) of the Civil Liability Act 2002 (NSW) (CLA). Section 5D(2) makes a special provision for “exceptional cases” where factual causation cannot be established by the traditional […]