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.
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.
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|Item Type:||Journal Article|
|Keywords:||negligence, psychiatric injury, nervous shock|
|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|
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