You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × However, as a consequence of the allegations and charges, both fathers allegedly suffered “shock, distress and psychiatric harm, and consequential financial loss.”. 2. It represented a rare moment in modern Australian tort law — one in which a full bench of the Court was able to deliver a single substantive judgment. This was particularly more so where “examination of a child alleged to be a victim of abuse does not allow the examiner to form a definite opinion about whether the child has been abused, only a suspicion that it may have happened.”. Caparo Industries PLC v Dickman [1990] UKHL 2 is a leading English tort law case on the test for a duty of care. For example, some of the recent conflicting legal duties we have had to advise our clients on include the following: The decision of the High Court in Sullivan v Moody [2001] HCA 59 dealt with a problem of conflicting legal duties. Written legal advice is of course also a good safe-guard. The High Court of Australia’s 2001 decision in Sullivan v Moody (‘Sullivan’)1 was very significant. IV. FREE Background Report. In making this claim, the Applicants submitted it was reasonably foreseeable they would suffer the harm alleged. Sullivan v Moody (2001) 207 CLR 562 (short extract, Luntz, 109). McGlone, Frances --- "A Wrong Without A Remedy: Sullivan v Moody & Ors and Thompson v Connon & Ors" [2002] PlaintiffJlAUPLA 15; (2002) 49 Plaintiff: Journal … Sullivan v Moody involved appeals to the High Court of Australia from two decisions of the Full Court of the Supreme Court of South Australia in Hillman v. Black (1996) 67 SASR 490 and CLT v. * indicates required. Another general provision of the Community Welfare Act 1972 (SA) provided that such workers shall not incur civil liability for any act or omission done in good faith under their responsibilities. However, our “take home message” from Sullivan v Moody [2001] HCA 59 would be for the leadership and boards of schools, churches and charities that “paramount considerations” may mean one duty is higher than another. 1. Furthermore, there were extensive provisions from the Community Welfare Act 1972 (SA), referenced in paragraph 21, that if a medical practitioner, nurse, psychologist, social or welfare worker suspects on “reasonable grounds” that an offence has been committed; they were obliged to notify an officer of the Department of their suspicion. Tag Archives: Sullivan v Moody [2001] HCA 59 No Duty to Detain Individuals with Severe Mental Health Problems: Hunter and New England Local Health District v McKenna. Sullivan v Moody and Ors, Thompson v Connon and Ors - [2001] HCATrans 275 - Sullivan v Moody and Ors, Thompson v Connon and Ors (14 August 2001) - [2001] HCATrans 275 (14 August 2001) (Gleeson CJ, Gaudron J, McHugh J, Hayne J, Callinan J) - 14 August 2001 Discrimination against a party on one hand. These conclusions were reported to the police, and in one case, charges were laid against the father. Click on the PDF icon to access full text of the case. 17 Bowen Bridge RoadSuite 43 Level 4Herston 4006 QLD, Phone 07 3252 0011Fax 07 3257 7890Email enquiry@corneyandlind.com.au, Duties owed under privacy and defamation laws to a party on one hand. The fathers (collectively, “the Applicants”) commenced their separate proceedings, seeking damages, against the medical practitioners, social workers, their employers and the State of South of Australia (collectively, “the Respondents”). Louis Sullivan was born on September 3, 1856, in Boston, Massachusetts to parents Patrick Sullivan and Andrienne List. McKenna Case Page. Second, as shown in Sullivan v Moody, the salient features of the case are taken into account to determine whether the defendant owes the plaintiff a duty of care. Upon investigation, the charges were dropped and no further action was pursued against either father. Moody; Thompson v. Connon (2001) 183 ALR 404, which concerns the existence of a duty of care resulting from investigations into allegations of sexual abuse. Section 25 of the Community Welfare Act 1972 (SA) stated that a person dealing with a child under the provisions “shall regard the interests of the child as the paramount consideration,” and also “promote…a satisfactory relationship…within his family.”. The appeal was brought on the submission that the Respondents: “owed a duty of care to the Applicants to carry out their duties and responsibilities and in particular the examination and diagnoses of persons and in particular children suspected of having been sexually abused….with due care, skill, discretion and diligence.” (Paragraph 7, emphasis added). Id. Australia has long struggled with the historical conflict between the development of the duty of care by reference to general principle, and the incremental development of existing categories of liability. As the cases originated in South Australia, the High Court considered the Community Welfare Act 1972 (SA). Sullivan v Moody [2001] HCA 59 Thompson v Connon 207 CLR 562; 75 ALJR 1570; 183 ALR 404 11 Oct 2001 Case Number: A21/2001 A23/2001. 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