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Rail Accident Rescuers and Mental Harm Claims
The High Court of Australia recently considered the entitlement of New South Wales police rescue workers to recover damages for mental or nervous shock under the Civil Liability Act 2002 (NSW) (the Civil Liability Act). The two cases of Wicks and Sheehan v State Rail Authority of New South Wales (2010) HCA22 overturned the decision of the New South Wales Court of Appeal and each matter was remitted to the Court of Appeal for further consideration and possible re-trial.
DLA Piper Australia
