Product Liability

Our experienced Product Liability legal team regularly publishes articles and updates - the full list of publications appears below. We review recent decisions, landmark cases, legislative changes and important developments that have implications for any manufacturer or supplier of products. If you'd like to be notified when we add new product liability publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about our extensive track record in product liability.

Focus: Thailand - Product Liability - 17 June 2008 View (HTML)  Download (53KB PDF)

The Thai Government recently enacted the country's first product liability legislation. The Unsafe Goods Liability Act B.E. 2551 (2008) is groundbreaking legislation as it empowers the court, for the first time, to grant punitive damages to injured parties. International Partner Marcus Clark, Senior Associate Rawat Chomsri and Associate Jeffrey Sok report

Focus: Product Liability - 13 November 2007 View (HTML)  Download (76KB PDF)

In July 2006, we reported on the UK Court of Appeal's decision in Grieves v FT Everard & Sons. On 17 October 2007, the House of Lords upheld that decision, affirming that a claimant cannot 'aggregate' heads of damage to establish a cause of action in negligence where those heads are, of themselves, insufficient to establish the claim. With this holding, the position in the UK now reflects that in Australia.

Focus: Insolvency, Insurance & Product Liability - 27 April 2007 View (HTML)  Download (72KB PDF)

Partner Michael Quinlan and Senior Associate Christopher Prestwich discuss a recent Federal Court decision on a proposed scheme of arrangement that sought to transfer liability for future asbestos-related claims from one group company to another, along with the benefit of associated insurance policies, enabling the original company to be deregistered

Focus: Food - 21 December 2006 View (HTML)  Download (85KB PDF)

A new food descriptors guideline issued by the Australian Competition and Consumer Commission, coupled with two recent investigations by the ACCC regarding misleading packaging of food items, highlight the need for food manufacturers to be careful of the claims made on their packaging. Partner Belinda Thompson and Lawyer Alexander Gelis report

Focus: Corporate Responsibility - 04 December 2006 View (HTML)  Download (83KB PDF)

On 27 November 2006, the NSW Land and Environment Court handed down a landmark decision, finding that the developer of the proposed Anvil Hill coal mine had failed to adequately assess the climate change impacts of the mine. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the court's decision against the backdrop of an increasing awareness of the legal aspects of climate change

Focus: Product Liability - 26 October 2006 View (HTML)  Download (81KB PDF)

On 20 September 2006, the State of California commenced an action in US federal court seeking compensation from six leading car manufacturers for contributing to global warming. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the relevant backdrop and emerging trend of suing industry for damages caused by emissions

Focus: Commercial Litigation - 25 August 2006 View (HTML)

The practice of third-party litigation funding has provoked considerable debate in Australia. A discussion paper released recently by the Standing Committee of Attorneys-General highlights some of the issues and concerns raised by third-party litigation funding and seeks comment on whether, and if so how, third-party litigation funding should be regulated. Partner Peter O'Donahoo and Lawyer Susie Downie report

Recall: Place of exposure significant in negligent manufacture claim for export products - 18 August 2006 View (HTML)

In this edition of Recall, we look at a recent New South Wales Court of Appeal decision on identifying the system of law governing negligence claims for exported products and the effect of this decision on 'forum shopping'. We also look at the implications for Australia of the UK Compensation Act 2006 which abolishes the rule of proportionate liability for defendants in mesothelioma claims established by Barker v Corus

Focus: Food - 24 July 2006 View (HTML)  Download (84KB PDF)

We look at changes to country-of-origin food labelling that could cost the Australian food industry $60 million, the mandatory introduction of iodine and folic acid fortified foods and an industry report on the fatty acid content in infant formula products

Recall: Proportionate liability in UK mesothelioma claims and implications for Australia - 03 July 2006 View (HTML)

In this edition of Recall, we look at proportionate liability in UK mesothelioma cases, negligence claims and asbestos, and a High Court decision overruled by new Civil Liability Act amendments in New South Wales

Recall: Legislative amendments to prevent claims for personal injury - 18 April 2006 View (HTML)

The escalating cost of public liability insurance has led to changes to the Trade Practices Act 1974. The amendments prevent individuals from recovering compensation for personal injuries and death under the TPA provisions that prohibit unfair practices in trade or commerce, including misleading and deceptive conduct. Partner Belinda Thompson and Law Clerk Alice Cope report

Recall: Airline liability explored in House of Lords DVT decision - 22 March 2006 View (HTML)

Consistent with the approach taken by Australia's High Court, the UK House of Lords has rejected an appeal against the dismissal of an action under Article 17 of the Warsaw Convention by airline passengers who developed deep vein thrombosis. Senior Associate Chris Peadon reports on the House of Lords' decision and the approach taken in other jurisdictions

Focus: Food - 11 November 2005 View (HTML)

We look at an American Bill that could stop obesity law suits; a series of changes to the Australia New Zealand Food Standards Code; a move by McDonald's to disclose nutritional information; and a Federal Court decision that indicates Australia is not to become a 'resting ground for bad patents'

Recall: DVT claims against airlines crash in High Court - 11 July 2005 View (HTML)

Partner Belinda Thompson and Lawyer Chris Peadon analyse the implications of the High Court's recent decision in Povey v Qantas, which summarily dismissed the claim of an airline passenger who developed deep vein thrombosis during a series of long-haul flights

Focus: Food - 06 April 2005 View (HTML)  Download (103KB PDF)

Recent developments in the McDonald's litigation in the US have revived the hopes of prospective participants in class actions against fast food manufacturers and sellers for the alleged adverse health effects of their products. Partner Peter O'Donahoo and Lawyer Chris Peadon discuss the prospect for similar claims in Australia

Recall: US Class Action Fairness Act - 17 March 2005 View (HTML)

Partner Peter O'Donahoo and Articled Clerk Caroline Adler examine new US legislation that attempts to streamline class action procedures

Focus: Food - 08 October 2004 View (HTML)  Download (90KB PDF)

In this issue: Interested parties only have a few more days in which to send a submission on new Government food labelling guidelines. We look at the potential impact of a new Ministerial Council guideline relating to health claims on food labelling and also, what our major political parties have said they will do in relation to food issues, if elected

Recall: Gambling: change of approach? - 13 September 2004 View (HTML)

Partner Peter O'Donahoo and Lawyer Ashley Midalia compare political policies that attempt to address problem gambling in Australia

Recall: US courts clip wings of DVT claims - 13 September 2004 View (HTML)

Partner Belinda Thompson and Lawyer Chris Peadon analyse the implications of two recent US decisions concerning claims by airline passengers who developed deep vein thrombosis during flights and anticipate appeals in similar cases to the House of Lords and the High Court of Australia

Recall: Foreign law for actions brought in Australia - 13 September 2004 View (HTML)

Lawyer Kathryn Parker and Law Graduate Eve Regnard report on a recent Western Australian Supreme Court of Appeal decision that reinforces the position of Australian courts in relation to foreign tort claims brought in Australia

Focus: Food - 15 July 2004 View (HTML)  Download (97KB PDF)

We look at some current issues surrounding the growing problem of obesity

Recall: Deep vein thrombosis claims against airlines grounded in Australia and the UK - 21 June 2004 View (HTML)

Both Australian and UK courts have held that a failure by airlines to warn passengers of the risks of developing deep vein thrombosis and the actions they could take to minimise those risks does not satisfy the requirement for recovering damages for injuries suffered in the course of air travel under Article 17 of the Warsaw Convention. Partner Belinda Thompson and Lawyer Chris Peadon consider the implications of the most recent decisions in Australia, the UK and the United States.

Recall: Builders not liable to subsequent purchasers of commercial premises - 21 June 2004 View (HTML)

Lawyer David de Jersey reports on a recent High Court decision that declined to extend to owners of commercial premises the legal protection against poor engineering and construction that it had previously established for the owners of dwelling homes.

Focus: Food - 15 June 2004 View (HTML)

Welcome to AAR's update on food legislation, policy, news and cases. Feature articles: The rise of obesity, mortality and life-insurance premiums; CoOL news from Food Standards Australia New Zealand

Recall: 'Made in the USA': US country-of-origin food labelling laws delayed - 02 April 2004 View (HTML)

The United States has passed new legislation to cover gaps in the existing country-of-origin food labelling laws. Lawyer David de Jersey and Partner Andrew Buchanan consider the effect that the new rules are likely to have once they come into force

Recall: Trans-Tasman joint scheme for regulation of therapeutic products - 02 April 2004 View (HTML)

The Australian and New Zealand governments have formally agreed to establish a single trans-Tasman therapeutic goods agency, using the model of Food Standards Australia New Zealand. Partner Annette Hughes and Articled Clerk Susannah Downie look at the new regime and its likely impact.

Recall: Federal loophole in civil liability reforms still open - 02 April 2004 View (HTML)

Civil liability reform legislation has been implemented in all States and Territories in an attempt to achieve a consistent approach to the reform of negligence laws throughout Australia. However, a loophole at the federal level still allows some plaintiffs to sidestep these reforms by bringing claims under the Trade Practices Act 1974. Partner Tom Yuncken and Lawyer Kathryn Parker examine the Federal Government's attempts to close this loophole

Focus: Food - 01 March 2004 View (HTML)

Welcome to AAR's update on food legislation, policy, news and cases. Feature articles: The US-Australia Free Trade Agreement; Fast food marketers spared the force of law; and 'Booze' biscuits spark public outrage

Focus: Food - 06 February 2004 View (HTML)

Welcome to AAR's update on food legislation, policy, news and cases. Feature articles: Non-culinary herbs in food, the issues of bioterrorism, and tougher NSW food legislation

Client Update: Workplace Relations - 26 November 2003 View (HTML)

The use of asbestos in Australia will be banned from 31 December this year. The ban is intended to prohibit the importation, storage, supply, sale, installation, use or re-use of products containing asbestos

Recall: D-day for alcohol industry - 18 November 2003 View (HTML)

The alcohol industry has until 31 March 2004 to implement recommended changes to its system of alcohol advertising self-regulation, or potentially face regulation by government. Partner Peter O'Donahoo and Articled Clerk Tami Dower explore the background to the recommendations

Recall: Reasonable foreseeability and breach of duty - 18 November 2003 View (HTML)

The High Court recently found that a canola seed importer and distributor, which supplied seed containing weed seeds, was not negligent, as the importer's compliance with the relevant regulatory importation regime was sufficient to discharge its duty of care to canola growers. Lawyer Emily Gerrard examines the case

Recall: No liability for failure to warn cinema patrons about retractable seats - 18 November 2003 View (HTML)

The High Court recently allowed an appeal by Hoyts against a finding that it was negligent for failing to warn patrons of the risks associated with self-retracting cinema seats. Partner Annette Hughes and Articled Clerk Tami Dower report on the court ruling in Hoyts Pty Ltd v Burns

Focus: Food - 08 October 2003 View (HTML)

Welcome to AAR's update on food legislation, policy, news and cases. Feature article: From junk food to junk lawsuits

Focus: Food - 14 August 2003 View (HTML)

Welcome to AAR's update on food legislation, policy, news and cases. Feature: Is fast food the new tobacco?