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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 cruising holiday with P & O Cruises (Carnival). Ms Waine consulted with Dr Pretorius, who was P & O’s resident doctor. Dr Pretorius initially thought there was a scratch on her cervix that was causing the bleeding. He opined this was the result of rough sexual intercourse.    Ms Waine decided to travel back to...

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Causation- A Tale of Hot Chips, Chicken Soup and ASD!!!

As the name suggests, causation relates to whether or not there is a link between the damage or harm (such as personal injury or property damage) of the plaintiff (person who receives the loss) and the actions of the defendant (the person who allegedly causes the...

Standard of Care and Breach in a Negligence Action

Today I recorded a series of lectures relating to standard of care and breach of the duty of care in a negligence action. For those who are not familiar with these concepts, here is the drill. For there to be a viable negligence action, it is necessary for a number of...

Torts….Torts and More Torts

Trimester One started this week and I am once again teaching Tort Law to a group of (unsuspecting) first year law students. I spent the afternoon talking about establishing a duty of care and thought- why not share my thoughts with a wider audience…. So first things...

Facebook and New Media Sites

Facebook and New Media Sites

Unless you are living under a rock, you would be aware that as of today facebook has blocked Australians from viewing news sites within their feeds. This reaction is as a result of legislation which was recently passed by the House of Representatives. The Treasury...

Laureate Professor Hilary Charlesworth AM

Hilary with her family One of the best parts of my job at the UNE Law School is interviewing legal figures who I have admired all my life. Recently I was able to do this when talking to Professor Hilary Charlesworth from Melbourne University. For those of you who are...

My PhD(I) Story- Energising Adoption and Change

I have been working as an academic for many years now. I love all aspects of my job, but struggle with sitting still for long enough to write the research papers I am required to write. I am naturally active and love being outside achieving ‘useful things.’ Anyway, I...

Comment at Your Own Risk!!!

Comment at Your Own Risk!!!

A couple of months ago I was excited (sad- I know) to happen upon a 60 Minutes story relating to defamation and social media. I’d best be honest- I don’t often watch 60 Minutes. I would like to say this is because I am usually involved in highly intellectual pursuits such as reading the latest High Court cases on a Sunday night. But the reality is-shush- I am probably more likely to be binge watching the latest Netflix drama or reading a mindless book- or perhaps even scrolling facebook to jealously find out what my network of friends did over the weekend…

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