Blog
Trespass to the Person, False Imprisonment and the Stolen Generations!!
As you may know I am teaching Torts at the moment. We recently covered trespass to the person, which I admittedly have a soft spot for. I like it because trespass to the person actions are easily relatable. I also like it because it shows us how a number of areas of...
Trespass to the Person, False Imprisonment and the Stolen Generations!!
As you may know I am teaching Torts at the moment. We recently covered trespass to the person, which I admittedly have a soft spot for. I like it because trespass to the person actions are easily relatable. I also like it because it shows us how a number of areas of law interact with each other. When we think about assault and battery actions, you would be forgiven for thinking these only relate to criminal law- where the police bring charges against another for offences. You may not know that there are also comparable civil actions which can be pursued by individuals. Trespass to the person...
Cruising, Pregnancy and Miscarriage- Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650
I recently read Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650. This case may be of interest to students in my Torts Law class. The plaintiff was 15 weeks pregnant when she started to show signs of losing her baby. At the time she was enjoying a...
Medical Negligence, Causation and Bariatric Surgery!!!
Woohooo…I am teaching causation in negligence actions again!! Causation is kinda cool but can also be super tricky… Essentially causation in a negligence action, relates to whether or not the defendant (alleged wrongdoer) caused the harm to the plaintiff (person who...
Duty of Care and Climate Change…
Nothing gets people more excited than talking about owing duties of care. For the uninitiated, duty of care in a negligence action relates to whether or not a defendant owes a legal duty to another. Within a negligence action, finding a duty of care is often easily...
Social Media and Criminal Law- Revenge Porn, Cyberbullying and Harassment!!!
This week we investigated the intersection between social media and criminal law in my Social Media Law course. I will be honest and tell you I was both appalled and confused by many of the cases and incidents which are cited relating to criminal activities which take...
Social Media and Litigation- Using Social Media Content as Evidence and Other Notable Issues!!!
Many of us post about our lives on social media regularly. In fact, some may argue- ‘if it wasn’t posted on social media, did it really happen!!!’ If you are a party to litigation, this habit may create some hassles… Let’s consider a case where a party to...
Social Media and Employment- Happy Colleagues or an Occupational Disaster?
OK…its quiz time…. have you ever thought about the following?? Can you check your Facebook/Insta page when at work? Can you contact work mates after hours and invite them on a date via social media? Is it a good idea to send that ‘pic’ to colleagues?? If you have...
Google and Defamation- Barilaro v Google LLC [2022] FCA 650
I recently read the case John Barilaro (former Deputy Premier of NSW) brought against Google. The action related to Youtube clips which were allegedly defamatory against the former politician. I have to admit I found this case...
Lets talk about democratising higher education…
I have been a tertiary educator for more than two decades. There is no doubt I have had some wonderful and heart-warming teaching experiences. Three experiences stick out- one was at an intensive school for a Medical Law unit I was teaching. We were talking about...
Like, Comment and Share: Media Companies Deemed as ‘Publishers’ of Third-Party Comments
Social media is often referred to as the ‘wild west of media’ and the Voller case represents this sentiment well! Nobody can doubt the power of social media in our community. It is almost expected nowadays that businesses and entities have a dynamic and interesting...
Legalising Voluntary Assisted Dying in NSW
Definition of word euthanasia in dictionary Euthanasia is an emotional and polarising topic in our community. From the outset it needs to be remembered that there are different types of Euthanasia. A distinction also needs to be brought between Euthanasia and...