Publications
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.
For publications in other legal areas see our recent publications page.
- 29 October 2008
Focus: Product LiabilityThe Australian Food and Grocery Council has developed the Responsible Children's Marketing Initiative in response to community concerns about food and beverage advertising during children's television programs. This voluntary initiative revolves around six core principles that limit food and beverage advertising inconsistent with a healthy diet and lifestyle. Partner Annette Hughes and Articled Clerk Stuti Sethi report
- 17 June 2008
Focus: Thailand - Product LiabilityThe 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
- 13 November 2007
Focus: Product LiabilityIn 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.
- 27 April 2007
Focus: Insolvency, Insurance & Product LiabilityPartner 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
- 21 December 2006
Focus: FoodA 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
- 04 December 2006
Focus: Corporate ResponsibilityOn 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
- 26 October 2006
Focus: Product LiabilityOn 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
- 25 August 2006
Focus: Commercial LitigationThe 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
- 18 August 2006
Recall: Place of exposure significant in negligent manufacture claim for export productsIn 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
- 24 July 2006
Focus: FoodWe 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
- 03 July 2006
Recall: Proportionate liability in UK mesothelioma claims and implications for AustraliaIn 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
- 18 April 2006
Recall: Legislative amendments to prevent claims for personal injuryThe 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
- 22 March 2006
Recall: Airline liability explored in House of Lords DVT decisionConsistent 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
- 11 November 2005
Focus: FoodWe 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'
- 11 July 2005
Recall: DVT claims against airlines crash in High CourtPartner 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
- 06 April 2005
Focus: FoodRecent 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
- 17 March 2005
Recall: US Class Action Fairness ActPartner Peter O'Donahoo and Articled Clerk Caroline Adler examine new US legislation that attempts to streamline class action procedures
- 08 October 2004
Focus: FoodIn 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
- 13 September 2004
Recall: Gambling: change of approach?Partner Peter O'Donahoo and Lawyer Ashley Midalia compare political policies that attempt to address problem gambling in Australia
- 13 September 2004
Recall: US courts clip wings of DVT claimsPartner 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
- 13 September 2004
Recall: Foreign law for actions brought in AustraliaLawyer 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
- 15 July 2004
Focus: FoodWe look at some current issues surrounding the growing problem of obesity
- 21 June 2004
Recall: Deep vein thrombosis claims against airlines grounded in Australia and the UKBoth 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.
- 21 June 2004
Recall: Builders not liable to subsequent purchasers of commercial premisesLawyer 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.
- 15 June 2004
Focus: FoodWelcome 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
- 02 April 2004
Recall: 'Made in the USA': US country-of-origin food labelling laws delayedThe 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
- 02 April 2004
Recall: Trans-Tasman joint scheme for regulation of therapeutic productsThe 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.
- 02 April 2004
Recall: Federal loophole in civil liability reforms still openCivil 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
- 01 March 2004
Focus: FoodWelcome 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
- 06 February 2004
Focus: FoodWelcome 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
- 26 November 2003
Client Update: Workplace RelationsThe 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
- 18 November 2003
Recall: D-day for alcohol industryThe 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
- 18 November 2003
Recall: Reasonable foreseeability and breach of dutyThe 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
- 18 November 2003
Recall: No liability for failure to warn cinema patrons about retractable seatsThe 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
- 08 October 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature article: From junk food to junk lawsuits
- 14 August 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature: Is fast food the new tobacco?
- 12 August 2003
Recall: DVT is no 'accident' - says UK Court of AppealThe UK Court of Appeal recently ruled that passengers who developed DVT after travelling on an ordinary commercial flight are not able to recover damages from the airlines under the Warsaw Convention. Partner Belinda Thompson and Lawyer Chris Peadon examine the different approaches taken by courts in the US, the UK and Australia to this question and look ahead to likely developments
- 12 August 2003
Recall: Court of Appeal upholds pacemaker payoutIn Recall April 2003, we reported on Justice Sackville's decision in the Federal Court allowing recipients of potentially defective pacemakers to claim compensation from an Australian distributor under the Trade Practices Act. On 7 July this year, the Full Federal Court upheld this decision to award 70-year-old Kevin Courtney $10,000 compensation, setting a precedent for the remaining members of the class action. Partner Andrew Buchanan and Law Graduate Sarah Holthusen report
- 12 August 2003
Recall: Punitive damages - some reason at lastThe recent decision by the United States Supreme Court in the case of State Farm Mutual Automobile Insurance Co v Campbell has been welcomed by corporate defendants, exposed to US jurisdictions, as signalling a possible end to their exposure to massive punitive damages awards in civil litigation. Partner Peter O'Donahoo and Articled Clerk Vida Wongseelashote look at the impact of this case and the domestic ramifications
- 31 July 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature: Organic and GM Foods - Food Regulations Conference
- 24 June 2003
Recall: Trade Practices Amendment (Personal Injuries and Death) Bill 2003Lawyer Pia Riley considers the Trade Practices Amendment (Personal Injuries and Death) Bill 2003 (Cth), which was introduced into the House of Representatives on 27 March 2003
- 24 June 2003
Recall: The Therapeutic Goods Amendment BillIn light of the recent Pan Pharmaceuticals recall, Lawyer Sheridan Emerson and Senior Associate Kelly Gerber consider the recent amendments to the Therapeutic Goods Act 1989 (Cth)
- 24 June 2003
Recall: Damage control: The art of effective crisis communicationIn the wake of the Pan Pharmaceuticals product recall, Partner Annette Hughes and Articled Clerk Tami Dower discusses the importance of having a crisis communication plan
- 09 May 2003
Recall: Pan product recall offers lessons for allThe recall of products by Pan Pharmaceuticals once again highlights the need for Australian suppliers and manufacturers to be aware of their consumer protection obligations. They also need to be prepared to handle a potential product recall. Partner Annette Hughes and articled clerk Vida Wongseelashote offer some guidelines
- 23 April 2003
Recall: The state of tort reform and the law of negligenceDuring 2002, the Federal Assistant Treasurer Senator Helen Coonan held meetings with all State and Territory Ministers with the aim of the producing a consistent approach to the reform of negligence laws throughout the country. Now more than one year since the first of those meetings, Senior Associate Mark Lindfield briefly considers the most recent legislative reforms in each jurisdiction and how they may affect product liability actions
- 23 April 2003
Recall: Pacemaker payoutPartner Andrew Buchanan and Law Graduate Sarah Holthusen review a recent case in the Federal Court which dealt with the issue of whether recipients of defective US-made pacemakers may claim compensation from an Australian distributor under the Trade Practices Act
- 23 April 2003
Recall: US Thimerosal litigation: The start of something big?Partner Annette Hughes and Law Graduate Bronwyn Byrnes look at recent US litigation and whether similar litigation may develop in Australia.
- 28 March 2003
Recall: Taking on the airlines: Is DVT an accident?Articled Clerk Andrew Stumer looks at recent developments as airlines face DVT litigation
- 28 March 2003
Recall: Longford gas decision - liability rulingOn 20 February this year, Justice Gillard dismissed all of the claims of three plaintiff groups arising from the 1998 disruption to the Victorian gas supply insofar as the losses were purely economic. The only claims that succeeded were claims brought by business users of gas for economic loss suffered as a consequence of property damage.
- 18 December 2002
Focus: Commercial Litigation/Product LiabilityVictorian Court of Appeal recently overturned the decision of Justice Eames in the high-profile smoking and health claim of McCabe v British American Tobacco Australia. Senior Associate Lisa Bingham and Lawyer David Holme look at the Appeal Court's decision
- 12 November 2002
Focus: Product LiabilityAAR Special Counsel Karin Clark and Lawyer Fiona Miles look at two recent developments in the law about food standards
