Tag Archives: civil liability act

Public Sector Agencies’ – Civil Liability for Child Abuse

On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children. 

Posted in local government | administrative law | Tagged , | Leave a comment

On the road again: scope of protection for councils under s45 of the Civil Liability Act 2002 expanded

In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under … Continue reading

Posted in local government | administrative law, property | commercial | Tagged , , , | 1 Comment

Civil Liability Act – when is a council protected from liability arising from defects in paths and roads?

A recent decision of the Full Bench of the NSW Court of Appeal has reconsidered the special protection councils (in their capacity as roads authorities) have from liability in relation to road work where they do not have actual knowledge of … Continue reading

Posted in local government | administrative law | Tagged , | Comments Off on Civil Liability Act – when is a council protected from liability arising from defects in paths and roads?

Risk Warning Signs – Enter at Your Own Risk

Councils can take some comfort regarding the effectiveness of general risk warning signs as a result of the decision of the Court of Appeal in Sharp v Parramatta City Council [2015] NSWCA 260.

Posted in local government | administrative law | Tagged , , | Comments Off on Risk Warning Signs – Enter at Your Own Risk

Council’s arrangement with third party fails to protect from finding in negligence

Rockdale City Council has lost its appeal against the decision to award substantial damages to a cyclist who suffered severe injury when he rode his bicycle into a boom gate that had been erected by the Council across a public … Continue reading

Posted in local government | administrative law | Tagged , | Comments Off on Council’s arrangement with third party fails to protect from finding in negligence

Winding back of coastal protection laws

On 22 October 2012 the Coastal Protection Amendment Act 2012 (Amendment Act) was passed. It has not yet commenced. Once it does commence, it will amend the Coastal Protection Act 1979 (Act) in a number of ways which could be seen … Continue reading

Posted in environment | natural resources | climate change | Tagged , , , | Comments Off on Winding back of coastal protection laws

Council’s liability: Dangerous recreational activities

On 28 May 2012 Latham J of the the Supreme Court of NSW delivered judgment in the case of Streller v Albury City Council [2012] NSWSC 729. The principle issue was whether the Council owed a duty of care to … Continue reading

Posted in local government | administrative law | Tagged , | Comments Off on Council’s liability: Dangerous recreational activities

Special statutory powers and risk of harm under the Civil Liability Act

On 9 March 2012 the NSW Court of Appeal delivered judgment in Bellingen Shire Council v Colavon Pty Limited [2012] NSWCA 34. The case concerned the Council’s failure to install guideposts along a stretch of public road delineating the edge … Continue reading

Posted in local government | administrative law | Tagged , , | Comments Off on Special statutory powers and risk of harm under the Civil Liability Act