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Title: Of errant shots and ships: the Australian approach to negligence in the defence of the realm 1901-1945
Contributor(s): Lunney, Mark (author)orcid 
Publication Date: 2016
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Abstract: During the period 1901-1945, Australian courts decided a small number of cases that considered the vexed question of the extent to which the Commonwealth could plead that it should be immune from liability in negligence because the proscribed conduct took place as part of the defence of the realm. Drawing on newspaper and archival records, this paper considers in detail both the reasons for the decisions and their wider historical and political context. While Australian courts unsurprisingly adopted the common law framework for negligence actions, the precise questions for decision had no English parallel and in a very real sense these decisions were at the forefront of imperial common law development. Moreover, the decision in the Leviathan 'Shaw Savill & Albion' case also illustrates the interconnectedness of the substantive rules of law with rules of evidence, and the different approach taken by the High Court from that of the House of Lords on this issue demonstrates yet again that Australian judges of this period were much more innovative than has previously been thought.
Publication Type: Conference Publication
Conference Name: Australian National University College of Law Seminar, Canberra, Australia, 21st April, 2016
Conference Details: Australian National University College of Law Seminar, Canberra, Australia, 21st April, 2016
Grant Details: ARC/DP130103626
Source of Publication: ANU College of Law Events
Publisher: Australian National University
Place of Publication: online
Field of Research (FOR): 210303 Australian History (excl. Aboriginal and Torres Strait Islander History)
180199 Law not elsewhere classified
HERDC Category Description: E3 Extract of Scholarly Conference Publication
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