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Negligence

Secretary, Department of Communities and Justice v Soulos

The New South Wales Court of Appeal dismissed an employer’s appeal in a negligence claim arising from a documentary, holding psychiatric harm was reasonably foreseeable.

  • Duty of care
  • Reasonable foreseeability
  • Psychiatric injury
  • Foreseeability of harm
  • Negligence
  • Psychiatric-injury
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Negligence

Fazldeen v State of New South Wales

Fazldeen v State of New South Wales [2025] NSWDC 41

The plaintiff failed to prove a sexual relationship with a school staff member and, in any event, did not prove causation or loss. The claim was dismissed.

  • Duty of care
  • School liability
  • Employee conduct
  • Psychiatric injury
  • Civil liability act
  • Evidentiary weight of business records
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Constitutional law

Queensland v Mr Stradford (a pseudonym)Commonwealth of Australia v Mr Stradford (a pseudonym)His Honour Judge Vasta v Mr Stradford (a pseudonym)Citation:[2025] HCA 3Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:12 Feb 2025Case Number:S24/2024, C3/2024, C4/2024Read more

The High Court held that Federal Circuit Court orders were valid unless set aside, upheld judicial immunity for Judge Vasta, and rejected false imprisonment claims against those acting on the orders.

  • Judicial immunity
  • False imprisonment
  • Jurisdictional error
  • Vicarious liability
  • Judicial-immunity
  • False-imprisonment
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Torts

State of New South Wales v Cullen

State of New South Wales v Cullen [2024] NSWCA 310

The Court of Appeal upheld the State’s appeal in a police negligence and battery case arising from an Invasion Day rally, setting aside judgment for Ms Cullen.

  • Negligence
  • Public authorities
  • Battery
  • Breach of duty
  • Causation
  • Statutory interpretation
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Negligence

Hornsby Shire Council v Salman

The Court of Appeal dismissed Hornsby Shire Council’s appeal in a playground negligence case, holding the council breached its duty by not addressing the uneven surface.

  • Breach of duty
  • Obvious risk
  • Foreseeability
  • Causation
  • Australian standards
  • Occupiers' liability
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Torts

Lee v The Council of the City of Sydney

Lee v The Council of the City of Sydney [2024] NSWDC 69

The District Court found for the Council after concluding the plaintiff had not proved he tripped on the raised paver and had not shown actual knowledge under s 45.

  • Negligence
  • Road authority liability
  • Obvious risk
  • Statutory immunity
  • Duty of care
  • Road-authority-liability
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Evidence law

Salman v Hornsby Shire Council

Salman v Hornsby Shire Council [2023] NSWDC 506

The court ruled on admissibility of a playground-safety expert report, excluding its section on injury causation and cognition but admitting the rest.

  • Admissibility of expert evidence
  • Expert qualifications
  • Reasoning process for expert opinions
  • Hearsay in expert reports
  • Expert-evidence
  • Admissibility-of-expert-opinion
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Restitution

Williams, William v Williams, William

Williams, William v Williams, William [2023] NSWDC 10

The District Court held that $213,000 paid into the defendant son’s account was held for the plaintiff father, not gifted, and ordered repayment plus interest.

  • Money had and received
  • Common counts
  • Onus of proof
  • Agency
  • Failure of consideration
  • Gift
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Personal injury

Richard Gillam v Cumberland Council

Richard Gillam v Cumberland Council [2021] NSWDC 538

Personal injury claim over a wrist injury during high-pressure hose work failed after the court rejected the plaintiff’s account of how the accident happened.

  • Workplace injury
  • Employer's duty of care
  • Breach of duty
  • Negligence
  • Causation
  • Damages
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.