Drivers Owe a Duty of Care to Rescuers

AAI Limited v Caffrey [2019] QCA 293 Do Drivers Owe a Duty of Care to Rescuers? The Queensland Court of Appeal has recently confirmed that drivers owe a duty of care not only to passengers and other drivers, but also to police officers or any other rescuers who attend an accident scene. Background On 17 February … Read more

It’s the Effort that Counts – Isn’t It?

Apparently, it’s not the effort that counts when it comes to education and student achievement. A recent Supreme court decision highlighted this in finding that Universities are under no obligation to confer degrees on students merely because they put in a good effort and ‘worked hard’. See: Alskeini v Queensland University of Technology.[1] Background: A … Read more

Three Key Changes to the QLD Criminal Code relating to Child Sexual Offences Reform

Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 was assented to by Queensland Parliament on 14 September 2020.   This article will summarise three key changes to the Criminal Code which have arisen from this amending Act. Note … Read more

Case Note – University of Queensland & Anor v Y [2020] QCA 216

The recent case of University of Queensland & Anor v Y [2020] QCA 216 provides an insight into the prospects of contractual obligations of learning institutions for students who have since left or graduated. The implications of this decision of the Queensland Court of Appeal extends widely to learning, religious and incorporated bodies and prompts … Read more

Student’s Poor Performance – Who is responsible?

COULD A SCHOOL OR EDUCATIONAL PROVIDER BE LIABLE IN NEGLIGENCE FOR A STUDENT’S POOR PERFORMANCE DURING COVID-19? What happens when a school fails to deliver the grades a parent expects, or a student needs to get into university? With concerns around the quality of teaching during COVID-19, and its effects on a student’s performance, the … Read more

COVID-19 Emergency Response Bill 2020

Last night the Queensland Parliament passed the COVID-19 Emergency Response Bill 2020 (the “Bill”). The Bill gives the Queensland Government a broad range of powers to make a number of extraordinary regulations with respect to; Parliament of Queensland Act 2001 (the “Parliament Act”);  residential, retail and other leases;  attendance at places or meetings;  making and … Read more

Top 3 Strategies for Dealing With Unpaid School Fees

How to request parents or guardians to pay school fees? Parents frequently choose to send their children to private schools or colleges for a variety of reasons, including trust in the quality of private or religious education provided by the school. Unfortunately, the ability of a family to meet tuition fee payments can deteriorate very … Read more

Understanding and Navigating Informed Consent from Students and Parents

The following is a PowerPoint presentation delivered by Alistair Macpherson for school counsellors at a School Law workshop. Adapted for the World Wide Web. What is Consent? Affirmative and explicit acceptance by word or conduct; not merely an absence of objection (Bell v Alfred Franks & Bartlett Co Ltd [1980] All AR 356 Not necessarily … Read more