QUT ePrints

Gifford v Strang and the new landscape for recovery for psychiatric injury in Australia

Butler, Desmond A. (2004) Gifford v Strang and the new landscape for recovery for psychiatric injury in Australia. Torts Law Journal, 12(2), pp. 108-127.

View at publisher

Abstract

Gifford v Strang Patrick Stevedoring Pty Ltd was the third recent High Court case dealing with liability for psychiatric injuries. This article examines that decision, with references to the other two cases Tame v New South Wales and Annetts v Australian Stations Pty Ltd. It places these judgments in the context of the recommendations concerning mental harm in the recent Ipp Panel's review of negligence and subsequent tort reform legislation. It will be seen that far from removing uncertainty and inconsistencies, Australian law concerning psychiatric injury has never been more divided.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

3,334 since deposited on 01 Mar 2009
1,477 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 18403
Item Type: Journal Article
Keywords: negligence, psychiatric injury, nervous shock
ISSN: 1038-5967
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2004 LexisNexis
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 02 Mar 2009 09:43
Last Modified: 29 Feb 2012 23:30

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page