Kione Johnson

In a decision last week, the High Court has confirmed that Western Power is liable in negligence for damage caused by the Parkerville bushfire in 2014, providing important guidance on the principles for determining whether a public authority owes a common law duty of care in exercising its statutory functions. The unanimous decision: [1] upheld the Western Australia Court of Appeal’s finding that Western Power owed a duty of care in exercising its statutory powers.

In a significant blow for the class, the Supreme Court of New South Wales has dismissed the plaintiff’s claim against Volkswagen (VW) in relation to the use of Takata airbags in its cars. The case emphasises the need for the plaintiff in product liability claims to prove that the product was unsafe, and that they have actually suffered damage.

Australian whistleblower protections now apply to disclosers who have ‘reasonable grounds to suspect’ that the information disclosed concerns misconduct, or an improper state of affairs or circumstances in relation to a regulated entity or its related body corporates.[1] These protections are only available if the discloser actually has reasonable grounds for suspecting the relevant matters.