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CASE LAW EXPLAINED: THE BOUNDARIES OF DUTY OF CARE
The STORY
In the mid-1990s, two separate fathers (Mr. Sullivan and Mr. Thompson) were investigated following allegations of sexual abuse against their children. During these investigations, medical practitioners and social workers examined the children and prepared reports that supported the allegations.
The fathers’ lives were turned upside down. They suffered significant psychological harm and financial loss as a result of the claims. Eventually, the allegations were not pursued, and the fathers sued the professionals and the state (Moody), claiming professional negligence. They argued that the investigators had a duty to conduct their examinations with reasonable care to avoid causing the parents foreseeable harm.
The High Court of Australia had to decide a difficult question:
Does a professional investigating a crime owe a duty of care to the person they are investigating?
On the surface, it seems fair. If a doctor or social worker is careless in their report, and it ruins a life, shouldn’t they be held accountable? However, the law has to balance this against the professional’s primary job.
The High Court unanimously ruled against the fathers, introducing the principle of “Legal Coherency.”
The court found that the primary duty of the social workers and doctors was to the children. If the law forced these professionals to also worry about the mental health or reputation of the parents, it would create a direct conflict of interest. To protect children effectively, the investigator must be able to act without the fear of being sued by the person they are investigating.
Sullivan v Moody changed the game for anyone suing a professional in Australia. Today, for a claim to succeed, we must prove:
FAIR GO AUSTRALIA
While this ruling set strict limits, it didn’t close the door on justice. It simply means that professional negligence claims require expert navigation.
If a doctor, accountant, or legal professional has failed you, the law requires a “cohesive” argument to hold them accountable. You shouldn’t have to figure out the complexities of “duty of care” on your own.
How we can help
The law is complex, but your path to justice shouldn’t be. If you believe a professional has breached their duty to you, Fair Go Australia is here to help you weigh your options. We specialize in connecting Australians with the expertise needed to navigate high-stakes negligence claims.
We respond to all enquiries within 1 business day.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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