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© Carter Newell 2016
AUSTRALIAN CIVIL LIABILITY GUIDE 10TH EDITION
FOREWORD
Carter Newell Lawyers are to be commended for their publication ‘Australian Civil Liability
Guide’. The legislation that, since 2002, has reformed tort law in Australia has created a maze.
The tangled web of statutory provisions has been made even more complex by the judgments
of courts in every jurisdiction that have tried to apply and clarify the various provisions that have
fallen for decision.
One of the most time-consuming problems for lawyers who have to grapple with the subtleties
of the legislation involved is the difficulty in finding the relevant material. This may comprise the
legislation applicable, the cases that have considered the particular issue, similar legislation in
other jurisdictions, and relevant cases in those jurisdictions.
Carter Newell’s publication enables one, quickly, to undertake the desired research simply and
efficiently. The material is comprehensive and well-organised. The legislation is sensibly divided
into different categories annotated with cases and commentary. Each category deals separately
with each State and Territory. The language used is clear and direct. The time and trouble that
has been taken in the production of the guide is obvious. Its quality as a reference work speaks
for itself. It is an extremely helpful tool for any tort lawyer, whether practitioner or academic, and
for any person who is interested in the changes to Australian tort law that have occurred since
2002.
The Honourable Justice David A Ipp AO QC
ENDORSEMENT
Insurance law was the first area of law I knew and when I started there were no publications such
as this 9th edition Australian Civil Liability Guide. The State by State break down highlighting the
effects of the tort reform introduced in 2002; the cases reviewed, interpretation and assessment
of heads of damage clearly demonstrate an excellent understanding of this area of law by the
team at Carter Newell Lawyers. This publication is a great resource and a fine example of why I
have always felt at home in the family of insurance lawyers.
The Honourable Michael Kirby AC CMG