Wednesday, November 6, 2013

Forthcoming judgments in the High Court of Australia

Today the High Court of Australia will deliver judgments in three cases.
The first is Daly v Thiering, in which the High Court will rule on whether section 130A of the Motor Accidents Compensation Act 1999 entitles a plaintiff to recover damages against a negligent driver (and his third party insurer) for the past attendant care services provided to him, gratuitously, by his mother.
The second is Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd in which the Court will rule on the circumstances in which a claim for legal professional privilege over a document may be waived where the document has been provided to another party in the course of discovery, as a result of a mistake or as a result of inadvertence.  It will rule on whether the recipient of such a document may be restrained from using the document, notwithstanding the waiver.

The third is Karpany v Dietman, in which the Court will rule on whether or not the native title rights and interests of the Narrunga People in South Australia to fish for Greenlip Abalone were extinguished by operation of the Fisheries Act 1971 (SA).

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