4 As an initial matter, the parties agree that the three‐step framework in 5 McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), applies to Clemens’s Moody, Cooper v Hobart, and problems in the South Pacific. Id. Sullivan v Moody [2001] HCA 59 Tabet v Gett (2010) 240 CLR 537 Tame v New South Wales [2002] HCA 35; Annetts v Australian Stations Pty Limited (2002) 211 CLR 317 Our vision is to seek to provide advice and solutions that deliver redemptive, just and restoring outcomes, bringing order out of the chaos in this world. The complexity and diverse set of facts in each of these circumstances means that each situation has to be dealt with on its own set of facts. The High Court concluded that the alleged duty of care for which the Applicants contended did not exist, and the appeal should be dismissed with costs. Case outline (Chris) Thomas Patrick Sullivan (Appellant) - was suspected of sexually abusing his daughter, he appealed to the high court claiming the plaintiff Margaret Catherine Moody choice to proceed with these claim were negligent. However, as a consequence of the allegations and charges, both fathers allegedly suffered “shock, distress and psychiatric harm, and consequential financial loss.”. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Furthermore, there were extensive provisions from the Community Welfare Act 1972 (SA), referenced in paragraph 21, that if a medical practitioner, nurse, psychologist, social or welfare worker suspects on “reasonable grounds” that an offence has been committed; they were obliged to notify an officer of the Department of their suspicion. It was further submitted that the Community Welfare Act 1972 (SA) obliges those dealing with children to consider the familial as well as the personal interests of the child. Sullivan v Moody [2001, Australia] Summers v Salomon (1857) Sunbolf v Alford [1838] Suncorp Insurance and Finance v Milano Assicurazioni [1993] Sutradhar v Natural Environment Research Council [2004] Swain v Puri [1996] Sweet v Parsley [1970] Sweet v Sommer [2005] Swift Investments v Combined English Stores Group [1989] Sykes v Harry [2001] For example, some of the recent conflicting legal duties we have had to advise our clients on include the following: The decision of the High Court in Sullivan v Moody [2001] HCA 59 dealt with a problem of conflicting legal duties. Click on the PDF icon to access full text of the case. • If any of SF point away from a duty, then no duty will be imposed on deft. It represented a rare moment in modern Australian tort law — one in which a full bench of the Court was able to deliver a single substantive judgment. Both appeals involved situations where a child (or children) had been examined by medical practitioners and/or social workers, and appeared (in the opinion of the examiners) to be victims of sexual abuse. Their professional or statutory responsibilities involved investigating and reporting upon, allegations that the children had suffered, and were under threat of, serious harm. Setting a reading intention helps you organise your reading. So lawyers for manufacturer defendants urged Judge Moody to halt or “stay” the local case in Sullivan County Circuit Court pending the Supreme Court’s decision in the Effler case. Reasonable foreseeability was deemed non-contentious because the appellant incontestably ‘suffered harm of the kind alleged in consequence of the negligent’2 sexual abuse allegation. It was argued that the Respondents breached this obligation by negligently forming their opinion and causing a “likely disruption of the parent/child relationship… directly against the interests of the child”. Casenotes On Sullivan V Moody And Modbury Triangle Shopping Centre Pty Ltd V Anzil LAWS1061 - Torts 6 Pages University of New South Wales Partial Study Notes Year: Pre-2017 Doughty v Turner: harm categorised as injury caused by eruption (splashing RF, chemical reaction causing explosion not RF: however this seems to conflict with Hughes) Buy the full version of these notes or essay plans and more in our Torts B Notes. This paper analyses Sullivan and Moody and a case question given in the unitHere is an excerpt:"Sullivan v Moody1 is the principle authority for determining cases where a novel duty of care is present. DISCUSSION. In making this claim, the Applicants submitted it was reasonably foreseeable they would suffer the harm alleged. *Annetts v Australian Stations Pty Ltd *Gifford v Strang Patrick Stevedoring Pty Ltd Posted on 21 November 2014 by Bernadette McSherry. Sullivan v Moody and Ors, Thompson v Connon and Ors - [2001] HCATrans 275 - Sullivan v Moody and Ors, Thompson v Connon and Ors (14 August 2001) - [2001] HCATrans 275 (14 August 2001) (Gleeson CJ, Gaudron J, McHugh J, Hayne J, Callinan J) - 14 August 2001 In a society with an increasing litigious culture and media avenues for complaint, schools, churches and other charities may find it difficult to balance their legal duties owed to one party, with their legal duties owed to another party. On the other hand, the practical ability to satisfy the duty of care owed to that same party. This will often be the case for the benefit of children. Louis Sullivan was born on September 3, 1856, in Boston, Massachusetts to parents Patrick Sullivan and Andrienne List. Sullivan v Moody [2001] HCA 59 Thompson v Connon 207 CLR 562; 75 ALJR 1570; 183 ALR 404 11 Oct 2001 Case Number: A21/2001 A23/2001. The 1989 amendment to section 413, enacted as part of the Child Support Standards Act, was the Legislature's response to the federal government's mandate that States establish mandatory guidelines for determining child support awards (42 USC §§ 654, 655; see also, Matter of Rose v Moody… Written legal advice is of course also a good safe-guard. 3 1 FMLA; (3) Moody’s reduction of Clemens’s contribution units under the Plan 2 breached Moody’s contract with Clemens; and (4) payments under the Plan were 3 “wages” protected by the New York Labor Law. McKenna Case Page. However, our “take home message” from Sullivan v Moody [2001] HCA 59 would be for the leadership and boards of schools, churches and charities that “paramount considerations” may mean one duty is higher than another. “There are cases, and this is one, where to find a duty of care would so cut across other legal principles as to impair their proper application.”. It was further submitted that the Respondents were negligent in their examination, diagnosis and reporting of the alleged child abuse. Brief Relevant Facts. Moody; Thompson v. Connon (2001) 183 ALR 404, which concerns the existence of a duty of care resulting from investigations into allegations of sexual abuse. Because of the sensitive nature of these complex issues, schools, churches and charities are exposed to great risk. It would be inconsistent with the proper and effective discharge of those responsibilities that they should be subjected to a legal duty, breach of which would sound in damages, to take care to protect persons who were suspected of being the sources of harm. First, the Court will address Plaintiffs' ADEA claims. Sullivan v Moody involved appeals to the High Court of Australia from two decisions of the Full Court of the Supreme Court of South Australia in Hillman v. Black (1996) 67 SASR 490 and CLT v. His parents had migrated to the US from Ireland and Switzerland during the 1840s, and Louis had an older brother, Albert Walter. The High Court also returned to consider the “first principles” of the Tort of Negligence by considering landmark cases such as Donoghue v Stevenson [1932] AC 562, Hill v Chief Constable of West Yorkshire [1989] AC 53 and Yuen Kun Yeu v Attorney-General of Hong Kong [1988] AC 175. 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