Area of law

Tort Law, explained.

Every High Court of Australia Tort Law judgment we've explained — together with the matters in this area listed to be heard or awaiting decision.

Tort Law | 17 June 2026

Police owe a duty of care to bystanders foreseeably at risk of physical injury from crowd control operations

The High Court unanimously held that police officers who positively intervene in a crowd situation owe a duty to exercise reasonable care to avoid physical injury to bystanders foreseeably at risk from the operational response, and that statutory police powers do not displace that common law duty.

Cullen v New South Wales · [2026] HCA 19

Tort Law | 17 June 2026

Exemplary damages may be awarded against a government entity on a direct liability basis for unlawful battery of youth detainees

The High Court unanimously restored awards of $200,000 in exemplary damages to each of four youth detainees subjected to unlawful CS gas deployment at the Don Dale Youth Detention Centre, holding that the Northern Territory was directly liable — not merely vicariously liable — for the institutional systems and decisions that facilitated the tortious conduct.

A, B, O & W v Northern Territory · [2026] HCA 20