Crimes Act 1958 s 319AA commenced operation on 20 December 2012, creating new police-pursuit offences with more significant penalties than those found in Road Safety Act 1986 s 64A. It was inserted by the pithily-named Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 s 32.The new provision provides:319AA. Dangerous or negligent driving while …
Tag: negligence
Lithgow City Council v Jackson [2011] HCA 36: hearsay, lay opinion evidence and business documents
Sometimes the wheels of justice grind very slowly.The High Court heard appeals from this case twice, most recently delivering its decision on 28 September 2011. The NSW Court of Appeal also dealt with the matter twice. On its face it's a fairly simple negligence action arising from a fall in a public park one night …
Miller v Miller [2011] HCA 9: Drink, drive, bloody negligent?
The High Court's decision in Miller v Miller raises again the general question of the ability of a party to a joint criminal enterprise to sue another party to the caper. The decision undoes the inflexible approach of previous unaninimous High Court decisions (Smith v Jenkins and Gala v Preston) that one illegal user of …
Continue reading Miller v Miller [2011] HCA 9: Drink, drive, bloody negligent?