TORTS

In Stuart v Kirkland-Veenstra [2009] HCA 15, the High Court considered the duty of care owed by the police to an individual to prevent his suicide. The Court unanimously found no duty of care in the circumstances of that case. However, that decision did not foreclose the possibility of tortious liability of police in other circumstances.

Smith v State of Victoria [2018] VSC 475 was an application to dismiss a negligence claim by a woman alleging the police had repeatedly failed to protect her from violence perpetrated by her ex-partner. The Court refused to strike out the claim.

critically analyses the question of whether tort law should impose a duty of care on police to protect victims of domestic violence from harm.