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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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
Refereed: Yes
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: 02 Nov 2011 23:07
Last Modified: 03 Nov 2011 17:55

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