Contemporary Australian Tort Law Cases and Materials

Tina Popa is a Senior Lecturer at RMIT University, specialising in tort law with a particular focus on medical negligence, psychiatric harm, and no-fault compensation systems. Her research explores innovative, non-adversarial approaches to justice in tort and health law; it draws on her PhD, which examined the litigation and mediation of medical negligence and mental harm claims. With postgraduate qualifications in psychology, Tina brings a distinctive interdisciplinary perspective to her work, fostering a growing interest in the intersection of law, psychology, and wellbeing in the legal profession. She has published 19 peer-reviewed articles, collaborates extensively with industry partners, and regularly presents at national and international conferences. She also serves as the General Editor of the Tort Law Review. A passionate educator, Tina has taught tort law for over a decade and has contributed to leading textbooks in the field, with a focus on making complex legal concepts accessible and engaging for students. Her teaching excellence has been recognised with a Vice Chancellor's Teaching Citation (2023), Vice Chancellor's Early Career Award (2018) and the Lawyers Weekly Academic of the Year Award in 2020. Francine Rochford is an Associate Professor at La Trobe Law School, where she has taught and researched at the Bendigo campus for three decades, focusing mainly on private law subjects. She is a recipient of several learning and teaching awards and is a Senior Fellow of the Higher Education Academy. Her pedagogical approach has been informed by the experience of teaching students from non-traditional backgrounds, including rural and regional backgrounds. This means it has been strongly scaffolded, adopting visual tools and identifying and removing opaque language. Sharon Erbacher is a Senior Lecturer in Torts Law at Deakin University, having recently converted to an education-focused Academic role. Sharon has taught two torts units across a range of levels and modalities for many years. She joined the team for this book as she cares about student learning and understands the central importance of students reading cases as a means of developing skills in legal analysis. Over the years Sharon has written or contributed to several student-focused texts, including a restitution law casebook and a previous torts textbook. She co-authored the sixth (2018) and seventh (2022) editions of Clarke and Erbacher (formerly Corones and Clarke), Australian Consumer Law: Commentary and Material. Laura Griffin is a Senior Lecturer at La Trobe University Law School, who lives and works in Naarm (Melbourne) on Wurundjeri Country. She holds qualifications in law, sustainable development and theological studies. With experience teaching tort law to both undergraduate and graduate students, Laura is an award-winning teacher who is committed to teaching in accessible, inclusive and transformative ways. While her research interests are diverse and interdisciplinary, what unites them is a concern for the ways in which laws and legal institutions shape the lives of marginalised communities. This includes analysing how tort law can be used to hold institutions to account for systemic harms inflicted upon marginalised individuals and communities, including First Nations people, victim-survivors of institutional child abuse, and those experiencing police misconduct and criminalisation. Nicholas Sinanis is a Senior Lecturer at the Faculty of Law, Monash University. Prior to joining Monash, he was a doctoral researcher at University College London. Nicholas's doctorate, titled 'Exemplary Damages: A Critical History', produced a definitive history of so-called 'exemplary' damages at common law from the early seventeenth century to the third-quarter of the twentieth century. His post-doctoral research broadly focuses on the history and theory of private remedies in actions at common law and in equity. This research has been published in leading international scholarly law journals, including the Cambridge Law Journal, the Journal of Legal History, the King's Law Journal and the Journal of Tort Law. Since joining Monash, Nicholas has also contributed to the teaching of numerous advanced private law units both in the undergraduate and graduate programs. In recognition of the positive impact of his teaching on students, he has received numerous awards, including a Faculty of Law Teaching Award in 2021.

• 1. Introduction to the law of torts Wendy Bonython and Nia Emmanouil; 2. Duty of care; 3. Breach of duty of care; 4. Damage: factual causation and scope of liability; 5. Defences to negligence; 6. Trespass to the person; 7. Trespass to land and trespass to personal property; 8. Defences to and remedies for trespass; 9. Nuisance; 10. Vicarious liability and non-delegable duty; 11. Defamation; 12. Remedies; 13. Torts arising from statutory duties and powers.