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Hot Topics 51: Personal Injury (2005)

Overview

The law of negligence

Public liability insurance

The public liability crisis

Dispute as to the causes – contributing factors – responses to the crisis – arguments for and against the need for reform

Changes to the law in New South Wales

Stage 1 reforms – stage 2 reforms – recent legislation on personal injury

Sporting bodies

The law before the reforms – waivers and warnings – what the law is now

Public authorities

Wide exposure – changes to the law – cases on councils’ duty of care

Medical negligence

The law before the reforms – arguments for and against reform – new laws

Conclusion: Are the reforms working?

The impact on insurance premiums – have the reforms gone too far?

Contacts and further reading


This is the fifty-first in the series Hot Topics: legal issues in plain language, published by the Legal Information Access Centre (LIAC).

Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate.

AUTHOR: Stella Tarakson

EDITOR: Cathy Hammer

DESIGN: Bodoni Studio

ACKNOWLEDGEMENTS: The publisher would like to thank the NSW Parliamentary Research Service for permission to draw on Briefing Papers 7/2002 and 11/2002 on Public Liability by Roza Lozusic to produce this Hot Topics issue; also to the the Australian Competition and Consumer Commission (ACCC) for permission to use the graph on p 3.

PHOTOS: DW Stock, main cover image, pp 2, 4, 8, 14 & 17; Austral Photo, pp1, 16 & 19; Fairfax Photo Library, p 7; Bodoni Studio, p 23.

State Library of NSW

Cataloguing-in-publication data

Hot Topics, ISSN 1322-4301, No. 51

1. Insurance, Liability – Law and legislation – Australia.

2. Insurance, Liability – Law and legislation – New South Wales.

3. Personal injuries – Australia.

4. Personal injuries – New South Wales.

I. Tarakson, Stella.

II. Hammer, Cathy.

III. Legal Information Access Centre. (Series: Hot topics (Sydney, N.S.W.) ; no. 51)

346.940865

346.9440865

© Library Council of New South Wales 2005. All rights reserved. Copyright in Hot Topics is owned by the Library Council of New South Wales (the governing body of the State Library of New South Wales). Apart from any use permitted by the Copyright Act (including fair dealing for research or study) this publication may not be reproduced without written permission from the Legal Information Access Centre.


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