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The defence of joint illegal activity must be looked at in context

Stickley, Amanda P. (2011) The defence of joint illegal activity must be looked at in context. Queensland Lawyer, 31(2), pp. 78-81.

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    Abstract

    In Miller v Miller (2011) 85 ALJR 480; [2011] HCA 9 the High Court examined the complex issue of joint illegal activity. The issue before the court was whether a plaintiff who had engaged in an illegal activity with the defendant may claim damages in negligence. In its decision the court analysed the cases of Henwood v Municipal Tramways Trust (SA) (1938) 60 CLR 438, Smith v Jenkins (1970) 119 CLR 397, Jackson v Harrison (1978) 138 CLR 438 and Gala v Preston (1991) 172 CLR 243.

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    ID Code: 46788
    Item Type: Journal Article
    Additional URLs:
    Keywords: Negligence, Defences
    ISSN: 0312-1658
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Schools > School of Law
    Copyright Owner: Copyright 2011 Thomson Reuters (Australia/NZ)
    Deposited On: 03 Nov 2011 09:07
    Last Modified: 04 Nov 2011 03:55

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