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  • Vicarious Liability: Employee Tortious Conduct
    1 February, 2025

    Vicarious Liability: Employee Tortious Conduct

    In CCIG Investments Pty Ltd v Schokman [2023] HCA 21, the High Court unanimously held that the employer was not vicariously liable for its employee’s drunken behaviour as it was not within the ‘course or…

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  • Double Jeopardy: Prosecution and Punishment
    26 January, 2025

    Double Jeopardy: Prosecution and Punishment

    In Pearce v The Queen (1998) CLR 610, the defendant was indicted on two charges from a single incident. The High Court held there was no double prosecution, as each offence required proof of a…

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  • Breach of Confidence: Ex’s Revenge and Publishing Explicit Content
    21 January, 2025

    Breach of Confidence: Ex’s Revenge and Publishing Explicit Content

    In Wilson v Ferguson [2015] WASC 15, the Supreme Court of Western Australia held that the defendant breached his obligation of confidence by posting sexually explicit images of the plaintiff on Facebook. The plaintiff was…

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  • Grievous Bodily Harm: Defence of Provocation
    20 January, 2025

    Grievous Bodily Harm: Defence of Provocation

    In Kaporonovski v The Queen (1973) 133 CLR 209, the High Court upheld the Queensland Criminal Court of Appeal’s decision that the provocation defence under s 269 did not apply to s 320 (grievous bodily…

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  • Medical Negligence: Duty to Warn of Risk in Spinal Surgery
    18 January, 2025

    Medical Negligence: Duty to Warn of Risk in Spinal Surgery

    In this negligence case Wallace v Kam (2013) 250 CLR 375, the High Court unanimously dismissed the appeal holding that Dr Kam was not liable for Wallace’s neurapraxia, as Wallace would have proceeded with surgery…

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  • Unrequited Love: Unconscionable Conduct
    5 January, 2025

    Unrequited Love: Unconscionable Conduct

    In Louth v Diprose (1992) 175 CLR 621, the High Court upheld the trial judge’s decision that Louth’s actions constituted unconscionable conduct. Louth manipulated Diprose’s ’emotional dependency’ on her, to acquire property benefiting herself.

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  • Employer’s Duty of Care: Psychiatric Injury
    2 January, 2025

    Employer’s Duty of Care: Psychiatric Injury

    In Hegarty v Queensland Ambulance Service [2007] QCA 366, a paramedic developed psychiatric injuries after exposure to numerous traumatic events at work. The Court of Appeal allowed the State’s appeal, dismissing the employee’s actions, concluding…

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