Sullivan v Moody [2001] HCA 59 Tabet v Gett (2010) 240 CLR 537 Tame v New South Wales [2002] HCA 35; Annetts v Australian Stations Pty Limited (2002) 211 CLR 317 Most disputes in this regard have the capacity to be very costly to all parties involved. Louis Sullivan was born on September 3, 1856, in Boston, Massachusetts to parents Patrick Sullivan and Andrienne List. Section 25 of the Community Welfare Act 1972 (SA) stated that a person dealing with a child under the provisions “shall regard the interests of the child as the paramount consideration,” and also “promote…a satisfactory relationship…within his family.”. For example, some of the recent conflicting legal duties we have had to advise our clients on include the following: The decision of the High Court in Sullivan v Moody [2001] HCA 59 dealt with a problem of conflicting legal duties. This paper analyses Sullivan and Moody and a case question given in the unitHere is an excerpt:"Sullivan v Moody1 is the principle authority for determining cases where a novel duty of care is present. Because of the sensitive nature of these complex issues, schools, churches and charities are exposed to great risk. It was argued that the Respondents breached this obligation by negligently forming their opinion and causing a “likely disruption of the parent/child relationship… directly against the interests of the child”. Moody, 119 Ga. 918, 921(4), 47 S.E. Caparo Industries PLC v Dickman [1990] UKHL 2 is a leading English tort law case on the test for a duty of care. Counsel for the Applicants argued that the Applicants had been injured as a result of the Respondents’ negligence in “investigating and reporting upon the allegations”. Loading ... Clyne v The New South Wales Bar Association 1960 104 CLR 186 - Duration: 1:04. www.studentlawnotes.com 279 … Next Next post: Koehler v Cerebos (2005) 214 CLR 335. Sullivan v Moody; Koehler v Cerebos If the court was to find a duty of care, would it be consistent with other laws (including other bodies of law and statute), obligations, or duties owed by the defendant? On the other hand, the practical ability to satisfy the duty of care owed to that same party. Sullivan v Moody. So lawyers for manufacturer defendants urged Judge Moody to halt or “stay” the local case in Sullivan County Circuit Court pending the Supreme Court’s decision in the Effler case. However, our “take home message” from Sullivan v Moody [2001] HCA 59 would be for the leadership and boards of schools, churches and charities that “paramount considerations” may mean one duty is higher than another. FREE Background Report. The Court's discussion is divided into two parts. The duty for which the appellants contend cannot be reconciled satisfactorily.” (emphasis added). Setting a reading intention helps you organise your reading. The 1989 amendment to section 413, enacted as part of the Child Support Standards Act, was the Legislature's response to the federal government's mandate that States establish mandatory guidelines for determining child support awards (42 USC §§ 654, 655; see also, Matter of Rose v Moody… Moody; Thompson v. Connon (2001) 183 ALR 404, which concerns the existence of a duty of care resulting from investigations into allegations of sexual abuse. First, the Court will address Plaintiffs' ADEA claims. Moody's: Fraser Sullivan CLO V Ltd. ratings unaffected by Supplement to Indenture. • If any of SF point away from a duty, then no duty will be imposed on deft. Tag Archives: Sullivan v Moody [2001] HCA 59 No Duty to Detain Individuals with Severe Mental Health Problems: Hunter and New England Local Health District v McKenna. Brief Relevant Facts. On the other hand, the duties owed to another party to protect that party from abuse; and. In Canada, Caparo was followed in Hercules Managements Ltd. v. Ernst & Young. Sullivan v Moody involved appeals to the High Court of Australia from two decisions of the Full Court of the Supreme Court of South Australia in Hillman v. Black (1996) 67 SASR 490 and CLT v. * indicates required. While it is not a definitive answer, it does provide some guidance on how to approach this complex issue. -- Download Sullivan v Moody [2001] HCA 59 as PDF--Save this case. The fathers (collectively, “the Applicants”) commenced their separate proceedings, seeking damages, against the medical practitioners, social workers, their employers and the State of South of Australia (collectively, “the Respondents”). Proximity - Criticised Sullivan v Moody (2001) 207 CLR 562 • Facts • Judgment Gleeson CJ, Gaudron, McHugh, Hayne & Callinan JJ: [573] “ …foreseeability of harm is not sufficient to give rise to a duty of care ” [578] “ The formula is not ‘ proximity ’. The over-arching consideration was the professional and statutory obligations of the Respondents, which include treating the interests of the children as paramount. Casenotes On Sullivan V Moody And Modbury Triangle Shopping Centre Pty Ltd V Anzil LAWS1061 - Torts 6 Pages University of New South Wales Partial Study Notes Year: Pre-2017 “There are cases, and this is one, where to find a duty of care would so cut across other legal principles as to impair their proper application.”. *Annetts v Australian Stations Pty Ltd *Gifford v Strang Patrick Stevedoring Pty Ltd (particularly public authorities) (Sullivan v Moody) • Role-based coherence • Judges to respect division between parliament and community law making bodies • Gaol-based coherence • Public values and community goals. It represented a rare moment in modern Australian tort law — one in which a full bench of the Court was able to deliver a single substantive judgment. Andrew Barker In this article, Andrew Barker, from the Faculty of Law at the University of Otago, considers two recent decisions on the duty of care in negligence: Sullivan v Moody, from the High Court of Australia, and Cooper v Hobart, from the Supreme Court of Canada. Keep up to date with Law Case Summaries! You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × While it is not a definitive answer, it does provide some guidance on how to approach this complex issue. With mind to these considerations, His Honour determined that a duty was not owed, stating in paragraph 62: “[The Community Welfare Act 1972 (SA)] required the respondents to treat the interests of the children as paramount. The decision was an appeal of two earlier decisions from the Supreme Court of South Australia. Second, as shown in Sullivan v Moody, the salient features of the case are taken into account to determine whether the defendant owes the plaintiff a duty of care. ... That observation was subsequently rejected in Sullivan v Moody. Sullivan v Moody (2001) 207 CLR 562 This case considered the issue of foreseeability and whether or not the test of mere foreseeability was sufficient to establish a duty of care. By Professor Bernadette McSherry. Please contact our Client Engagement Team or call us on (07) 3252 0011 to book an appointment with one of our specialist NFP & Charity Lawyers today. This will often be the case for the benefit of children. -- Download Sullivan v Moody [2001] HCA 59 as PDF --, A father was wrongfully accused of sexually assaulting his daughter, He sued for the negligently performed medical examination, There is no precise test for novel negligence cases, Must consider how it interacts with other laws (e.g. It was further submitted that the Respondents were negligent in their examination, diagnosis and reporting of the alleged child abuse. 1. The complexity and diverse set of facts in each of these circumstances means that each situation has to be dealt with on its own set of facts. Sullivan v Moody 2001 207 CLR 562 www.studentlawnotes.com. However, as a consequence of the allegations and charges, both fathers allegedly suffered “shock, distress and psychiatric harm, and consequential financial loss.”. This was particularly more so where “examination of a child alleged to be a victim of abuse does not allow the examiner to form a definite opinion about whether the child has been abused, only a suspicion that it may have happened.”. defamation) – cannot give negligence to wide a range, Where there is statutory grounds for behavior (e.g. o Sullivan v Moody; CAL (No 14) v Motor Accidents Insurance Board (bailment law - obligated to return what was given when requested) Vulnerability of plaintiff o Was the plaintiff vulnerable to the harm and unpreventable? reporting child abuse), it will probably not succeed in negligence, Download Sullivan v Moody [2001] HCA 59 as PDF. 2d 280 (1975)). In a society with an increasing litigious culture and media avenues for complaint, schools, churches and other charities may find it difficult to balance their legal duties owed to one party, with their legal duties owed to another party. Both appeals involved situations where a child (or children) had been examined by medical practitioners and/or social workers, and appeared (in the opinion of the examiners) to be victims of sexual abuse. Id. (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 425, 95 S. Ct. 2362, 2375, 45 L. Ed. His parents had migrated to the US from Ireland and Switzerland during the 1840s, and Louis had an older brother, Albert Walter. Appeal dismissed with costs. The High Court concluded that the alleged duty of care for which the Applicants contended did not exist, and the appeal should be dismissed with costs. 348 (1904) is wholly without merit, as that case involved an acknowledgment before a notary, and such an acknowledgment unsurprisingly has not been executed by Wife and, moreover, would “not obviate the necessity of attestation by two witnesses․” 2 Daniel F. Hinkel, Pindar's Ga. Real Estate Law and Procedure § 19-56, p. 356 (6th ed. Click on the PDF icon to access full text of the case. Posted on 21 November 2014 by Bernadette McSherry. In both appeals, the suspected perpetrator of the abuse was the father. Post navigation. McKenna Case Page. Upon investigation, the charges were dropped and no further action was pursued against either father. Our vision is to seek to provide advice and solutions that deliver redemptive, just and restoring outcomes, bringing order out of the chaos in this world. Previous Previous post: Jaensch v Coffey [1984] HCA 52. Sullivan v Moody [2001, Australia] Summers v Salomon (1857) Sunbolf v Alford [1838] Suncorp Insurance and Finance v Milano Assicurazioni [1993] Sutradhar v Natural Environment Research Council [2004] Swain v Puri [1996] Sweet v Parsley [1970] Sweet v Sommer [2005] Swift Investments v Combined English Stores Group [1989] Sykes v Harry [2001] Case outline (Chris) Thomas Patrick Sullivan (Appellant) - was suspected of sexually abusing his daughter, he appealed to the high court claiming the plaintiff Margaret Catherine Moody choice to proceed with these claim were negligent. Sullivan v Moody [2001] HCA 59 Thompson v Connon 207 CLR 562; 75 ALJR 1570; 183 ALR 404 11 Oct 2001 Case Number: A21/2001 A23/2001. YouTube Lucas Nelson and perform "Shallow" (from A Star is … As the cases originated in South Australia, the High Court considered the Community Welfare Act 1972 (SA). The appeal was brought on the submission that the Respondents: “owed a duty of care to the Applicants to carry out their duties and responsibilities and in particular the examination and diagnoses of persons and in particular children suspected of having been sexually abused….with due care, skill, discretion and diligence.” (Paragraph 7, emphasis added). Written legal advice is of course also a good safe-guard. McGlone, Frances --- "A Wrong Without A Remedy: Sullivan v Moody & Ors and Thompson v Connon & Ors" [2002] PlaintiffJlAUPLA 15; (2002) 49 Plaintiff: Journal … Email Address * First Name The High Court also returned to consider the “first principles” of the Tort of Negligence by considering landmark cases such as Donoghue v Stevenson [1932] AC 562, Hill v Chief Constable of West Yorkshire [1989] AC 53 and Yuen Kun Yeu v Attorney-General of Hong Kong [1988] AC 175. DISCUSSION. 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