News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Commonwealth Redress Scheme for Institutional Child Sexual Abuse: Is $150,000 enough?

Published by Amanda Kmetyk - Principal
Nov 24, 2017
On 26 October 2017 Mr Christian Porter, Minister for Social Services, tabled a bill in parliament, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (‘the Bill’) to establish legislation for a Commonwealth Redress Scheme for victims of institutional child abuse. The bill The bill sets up a process by which victims can… View Article
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How confidential is your communication? Client Legal Privilege and section 119 of the Evidence Act

Published by Samantha Thornely - Senior Associate
Nov 23, 2016
The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NSW for the alleged misfeasance in public office of four police officers involved in the investigation… View Article
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Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Published by Amanda Kmetyk - Principal
Nov 23, 2016
Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour bond. The respondent sued the appellant seeking damages for assault. At the trial, the appellant denied that… View Article
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Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

Published by Amanda Kmetyk - Principal
Sep 30, 2016
A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a restaurant.  In proceedings heard before Justice Lyons in the Supreme Court of Queensland, Mr Cleret… View Article
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Sahade v Bischoff [2015] NSWCA 418

Published by Amanda Kmetyk - Principal
Feb 25, 2016
On the afternoon of 21 May 2012 there was an altercation between Mr Sahade and Mr Smith (the appellants) and Mr Bischoff (the first respondent) at a property where Mr Sahade, Mr Bischoff and Mrs Bischoff (the second respondent) occupied separate residences.  CCTV cameras captured most of the altercation as it occurred. Police attended the… View Article
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When the connection between a student and staff member is sufficient to establish vicarious liability on the part of the school

Published by Stuart Windybank - Principal
Sep 28, 2015
In the matter of Erlich v Leifer & Anor [2013] VSC 499, the Supreme Court of Victoria recently considered the issue of direct and vicarious liability of a school in circumstances where a student was sexually abused by the principal.   Background facts The plaintiff alleged that between 2003 and 2006 she was sexually abused… View Article
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