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Browse the full libraryAustralia
Mabo v Queensland (No 2)
(1992) 175 CLR 1
The High Court held that the common law of Australia recognises a form of native title reflecting the traditional laws and customs of Indigenous peoples, rejecting the doctrine that Australia was terra nullius at settlement.
175 CLR 1, 15 (Brennan J)
Australia
Wyong Shire Council v Shirt
(1980) 146 CLR 40
Established the Australian calculus of negligence: a risk is foreseeable unless it is far-fetched or fanciful, and breach is assessed by weighing the magnitude of the risk against the burden of precautions.
146 CLR 40, 47-48 (Mason J)
Australia
Rogers v Whitaker
(1992) 175 CLR 479
Rejected the Bolam test in Australia for the duty to warn: the standard of care owed by a doctor is set by the court, not by professional practice, and material risks must be disclosed.
175 CLR 479, 490