From:                                                       Anna Broadmore <anna.broadmore@auckland.ac.nz>

Sent:                                                         Tuesday 10 September 2024 01:20

To:                                                            Tim Paine; Jason W Neyers; Brandon D. Stewart; obligations

Subject:                                                   Re: Australian negligence law - unique

 

Also -  although all prior to 2010:

 

From: Tim Paine <Timothy.Paine@uts.edu.au>
Date: Tuesday, 10 September 2024 at 11:56 AM
To: Jason W Neyers <jneyers@uwo.ca>, Brandon D. Stewart <brandon.stewart@uts.edu.au>, obligations <obligations@uwo.ca>
Subject: Re: Australian negligence law - unique

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Also (but before 2010) for construction defects (economic loss) there is a useful comparison of Australia and Canada (also US and UK) in Bryan v Maloney (1995) 182 CLR 609 - Brennan J's dissent is interesting - decided under proximity, and subsequently in Woolcock Street Investments (2004) 216 CLR 515 - decided under salient features with numerous references to Bryan.

 

From: Jason W Neyers <jneyers@uwo.ca>
Sent: Tuesday, 10 September 2024 9:17 AM
To: Brandon D. Stewart <brandon.stewart@uts.edu.au>; obligations <obligations@uwo.ca>
Subject: [EXTERNAL] RE: Australian negligence law - unique

 

How about the differences between negligently supplied building structures: ie Winnipeg Condo and Brookfield Multiplex and the differences in the recovery of relational economic loss which differs in the 3 jurisdictions at a certain level of generality.

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

From: Brandon D. Stewart <Brandon.Stewart@uts.edu.au>
Sent: September 9, 2024 6:41 PM
To: obligations <obligations@uwo.ca>
Subject: Australian negligence law - unique

 

Some people who received this message don't often get email from brandon.stewart@uts.edu.au. Learn why this is important

Dear all,

 

I’m conducting a study of HCA negligence decisions since 2010. As part of the study, I’m compiling a list of aspects of Australian negligence law that are unique relative to Canada and the UK (and sometimes other common law/civil jurisdictions) during my study period. I’m focusing on the common law, not the state civil liability legislation. So far I have advocate’s immunity and (arguably) the salient features approach to novel duties (but not really its content).  

 

Is anyone aware of any other examples (even prior to 2010)?

 

Many thanks!

 

Dr. Brandon D. Stewart, J.D., LL.M., J.S.D.

Lecturer

Faculty of Law

University of Technology Sydney

PO Box 123 Broadway NSW 2007 Australia

uts.edu.au

 

 

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