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    Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective

    78117.pdf (200.7Kb)
    Access Status
    Open access
    Authors
    Allcock, Martin
    Date
    2015
    Type
    Journal Article
    
    Metadata
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    Citation
    Allcock, M. 2015. Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective. Journal of Law and Medicine. 25: pp. 814-836.
    Source Title
    Journal of Law and Medicine
    ISSN
    1320-159X
    Faculty
    Faculty of Business and Law
    School
    Curtin Law School
    Remarks

    This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as Allcock, M. 2015. Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective. Journal of Law and Medicine. 25: pp. 814-836. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at www.thomsonreuters.com.au/catalogue. The official PDF version of this article can also be purchased separately from Thomson Reuters.

    This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited - lta.permissions@thomsonreuters.com

    URI
    http://hdl.handle.net/20.500.11937/77955
    Collection
    • Curtin Research Publications
    Abstract

    Despite the enactment of civil legislation affecting claims for pure mental harm in many jurisdictions in Australia, the High Court decision in Wicks v State Rail Authority (NSW) (2010) 241 CLR 60; [2010] HCA 22 has caused some concern that the economic goals underpinning the civil liability legislation will be threatened. In this article, the economic sustainability of the law of negligence with respect to pure mental harm is considered in light of three particular issues. The first is the High Court’s 2015 decision in King v Philcox (2015) 255 CLR 304; [2015] HCA 19 in which the South Australian civil liability legislation was considered. The second is the threat to healthy insurance markets posed by the civil liability legislation itself as a result of inconsistencies between jurisdictions. The third relates to the threat posed by the civil liability legislation to the ability of the law of negligence to achieve economically efficient levels of accident and accident-prevention costs. It is argued that the civil liability legislation is not only well-suited to achieve its primary goal of reducing the social costs of accidents, but may well be a greater threat to that goal than the common law.

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