Curwoods Case Notes - High Court Overturns Cook v Cook

Imbree v McNeilly [2008] HCA 40

Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan and Keifel JJ

In Brief

• An inexperienced driver owes the same standard of care as any other person driving a motor vehicle - to take reasonable care to avoid injury to others.

• The obligation to drive to the standard of a reasonable driver is not to be qualified by reference to the holding of a licence or by reference to the driver's level of experience.

• The decision in Cook v Cook [1986] HCA 73; (1986) 162 CLR 376 is no longer good law and should not be followed.

Background