Imbree v McNeilly

Negligence – Standard of care - Definition of standard - Where unskilled and inexperienced driver with passenger who, aware of driver's lack of skill and experience, has undertaken to supervise driving - Whether "special relationship" between driver and supervising passenger such that standard of care required of driver in respect of supervising passenger is merely care reasonably to be expected of unqualified and inexperienced driver in the circumstances, rather than care to be expected of a reasonable driver - Whether Cook v Cook (1986) 162 CLR 376 should still be followed.

Negligence – Standard of care - Relevance of compulsory third party insurance to definition of standard of care in negligence in motor vehicle context.

Insurance – Motor vehicles - Compulsory third party insurance - Compulsory provisions applicable throughout Australia - Relevance of such insurance to definition of standard of care in negligence in motor vehicle context - Whether such insurance immaterial to standard of care to be expected of learner driver - Whether common law of negligence affected in relevant way by existence of compulsory third party insurance.

Words and phrases – "compulsory third party insurance", "duty of care", "proximity", "special relationship", "standard of care".