Wrongs Act 1958

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The Wrongs Act 1958 (Vic) is the primary legislation used in Victoria that pertains to and governs claims for damages in cases that have resulted in personal injury or death; excluding transport accidents and work related injuries. Section 48 of The Wrongs Act 1958 (Vic) specifically applies to duty of care; that is, whether or not a person, persons or company etc. had and/or have a legal obligation to an injured party. This piece seeks to evaluate the usefulness of section 48 of The Wrongs Act 1958 (Vic) in determining whether or not a duty of care exists between parties of varying circumstances, to highlight the Sections shortcomings and to point out which aspects of common law and other relevant legislation supplement the sections inadequacies. …show more content…

In the case of D’orta-Ekenaike v Victoria Legal Aid (2005) the court held that under common law advocates are immune from claims of negligence that are relative to their conduct inside of court, and those out of court which directly relate to in court proceedings. For all other conduct outside of court however, advocates are liable for duty of care. This is because if such collateral or retaliative litigation were allowed then this would adversely affect the administration of justice. Likewise, some government agencies as well as police are protected under certain circumstances from negligence claims. Examples of such instances may be observed in Sullivan v Moody (2001) and Tame v New South Wales (2002). In Sullivan v Moody (2001) the court held that medical practitioners should not be held liable for reparations brought about by a third party because their duty to patients must be fulfilled without the threat of secondary negligence claims. Similarly in Tame v New South Wales (2002) the court the held that police officers should be exempt from claims of negligence pertaining to police investigating crimes and recording relevant material, regardless of its effect on pertinent persons because it is an administrational requirement of the profession. Others protected with immunity from negligent litigation include; but are not limited to rescuers; as in Chapman v Hearse 1961 , good Samaritans; protected under section 31 of the Wrongs Act 1958 (Vic) , volunteers undertaking ‘community work’; part IX Wrongs Act 1958 (Vic) , blood donors and food donors; protected under section 135 of the Health Act 1958 (Vic) and section 31E of the Wrongs Act 1958 (Vic)

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