Court opens door to domestic violence victim to sue police for negligence

In refusing to strike out Smith’s claim, the court has accepted that it is arguable police could owe a common law duty of care to specific victims of domestic violence to protect them from preventable harm. AAP/James Ross Mandy Shircore, James Cook University and Heather Douglas, The University of Queensland This week the Victorian Supreme Court refused an application by the State of Victoria to … Continue reading Court opens door to domestic violence victim to sue police for negligence

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Case study|Negligence liability

Executive Summary: Our client (Stockfans) owns and operates a shopping centre. The tenant at the client’s shopping centre, was concerned that the difficulties in accessing the food court via the fire doors were affecting his business, so the tenant opened one of the double doors and placed a wooden wedge under it. After the tenant noticed an increase in shoppers, he wedged open the other … Continue reading Case study|Negligence liability

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Mental Health and the Criminal Justice System

Mental health presents legal issues when crimes are committed, especially when dealing with killing or murder. Under Commonwealth law in Australia, unsoundness of mind can be used as a defence to a criminal charge. Application of this law means that people who are charged with a crime cannot enter a plea or be found guilty because of a mental disorder.Instead, they become forensic patients. For the courts to determine mental … Continue reading Mental Health and the Criminal Justice System

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Should Medical Practitioners Help Patients Die?

 Defining words like Death and dying is currently a lot more complicated than in times past, this is largely due to advances in medicine. To help us understand the ethics surrounding assistive suicide, below are some general definitions. Death –  There are several definitions of death, medically this is the cessation of all vital bodily functions, and there are stages, a person can be brain-dead but … Continue reading Should Medical Practitioners Help Patients Die?

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The complexities of Prosecuting War time Sexual Violence

photo credit ICTY. Rape as the spoil of war can be seen throughout history, sexual violence during the war is often committed with the intention of terrorising the population, break up families, and in some cases, it is done with the intention of changing the ethnic makeup of the next generation. Rape is also used to deliberately infect women with HIV or render women from some minority groups … Continue reading The complexities of Prosecuting War time Sexual Violence