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Annotated Civil Liability Act NSW

Annotated Civil Liability Act NSW

ISBN 9780455236070
Edition 3e
Publication Date
Publisher Thomson Reuters
Practitioners appreciate this expert guide to the civil liability legislation so critical to litigation in NSW. Dominic Villa charts a course through the legislation and case law to enable litigators to better deal with the wide variety of situations that arise in practice. Since its commencement, there have been numerous amendments to the Civil Liability Act 2002 (NSW), and the common law context continues to evolve. With judicial decisions accumulating rapidly in NSW and around Australia, this work assists legal practitioners to apply the law in a potentially unlimited range of factual scenarios. The detailed research underpinning the book assists lawyers to avoid cases that are of limited application, directing their attention to significant principles and issues in practice. The Third Edition considers a number of High Court decisions regarding causation, limitations on the recovery of damages in Compensation to Relatives claims, damages for mental harm, and the proportionate liability provisions (and cognate provisions in Commonwealth Statutes). It discusses NSW Court of Appeal decisions addressing parts of the Act previously the subject of conflicting first-instance decisions, and which have not been addressed by intermediate appellate Courts anywhere in Australia. The Third Edition also considers a significant body of caselaw addressing the interaction between the Civil Liability Act 2002 (NSW) and Commonwealth statutes. To assist litigators, comparative tables of provisions from around Australia are included to help inter-state practitioners compare their primary liability provisions with those of the NSW Act. The relevant interstate cognate provisions are also referenced at the start of each Part of the Act. In combining expertly annotated legislation with helpful resources and references, this is an essential reference tool for lawyers.

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