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Australia Leading Case duty of carepsychiatric injuryprofessional negligence

Kozarov v Victoria

(2022) 275 CLR 115
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

Summary

An employer owes a duty to take reasonable steps to protect an employee from psychiatric injury caused by vicarious trauma, and may breach that duty by failing to act on obvious warning signs.

Key Principle

employer's duty; psychiatric injury from vicarious trauma; OPP solicitor exposed to distressing material; breach of duty

Area of Law

tort

Related Cases

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High Court of Australia held a religious organisation vicariously liable for sexual abuse by a priest, recognising a relationship akin to employment sufficient to ground vicarious liability.

Bryant v Badenoch Integrated Logging Pty Ltd (2023) 278 CLR 99

High Court of Australia held that the peak indebtedness rule does not apply when assessing unfair preferences under s 588FA of the Corporations Act 2001 (Cth).

Google LLC v Defteros (2022) 276 CLR 362

A search engine operator providing hyperlinks to defamatory content does not thereby publish that content for the purposes of Australian defamation law.

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