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Judgment date
Case number
A21/2001
A23/2001
Before
Gleeson CJ, Gaudron, McHugh, Hayne, Callinan JJ
Catchwords
Torts – Negligence - Duty of care - Appellants suspected of sexually abusing their children - Alleged negligence of respondents in investigating and reporting on allegations - Appellants claimed that they suffered shock, distress, psychiatric injury, and consequential personal and financial loss as a result of the accusations - Whether medical practitioners, social workers and departmental officers involved in investigating and reporting upon allegations of child sexual abuse owe a duty of care to suspects.
Torts – Negligence - Duty of care - Proximity - Inapplicability of the Caparo test in Australia.
Community Welfare Act 1972 (SA) – ss 25, 91, 92, 235a.