Dear Colleagues;

A first instance decision but well discussed, in my view- Homsi v Homsi [2016] VSC 354 (28 June 2016) http://www.austlii.edu.au/au/cases/vic/VSC/2016/354.html . A driver was seriously injured due to his own fault; his mother suffered psychological harm; could the mother sue the son for breach of a duty of care? Answer, as one might expect, no; but interesting to see how the judge gets there from two angles, as he says at [26]- no prior authority- see eg [62], and policy grounds for denying a duty- from [68]. The latter include a large number of potential claims, and also reluctance of the law to impose a duty between close family members.

Regards

Neil