The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia

The 2005 NSW decision of McCracken v Melbourne Storm Rugby League Football Club generated much interest as it appeared to circumvent the provisions of the Civil Liability Act 2002 (NSW), the main purpose of which is to impose a cap on damages awards for personal injury claims and to place limitation...

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Main Authors: Sadler, Pauline, Yorke, Cameron, Bowyer, Kyle
Format: Journal Article
Published: Curtin University of Technology 2006
Online Access:http://hdl.handle.net/20.500.11937/28826
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author Sadler, Pauline
Yorke, Cameron
Bowyer, Kyle
author_facet Sadler, Pauline
Yorke, Cameron
Bowyer, Kyle
author_sort Sadler, Pauline
building Curtin Institutional Repository
collection Online Access
description The 2005 NSW decision of McCracken v Melbourne Storm Rugby League Football Club generated much interest as it appeared to circumvent the provisions of the Civil Liability Act 2002 (NSW), the main purpose of which is to impose a cap on damages awards for personal injury claims and to place limitations on liability in negligence. Western Australia has the Civil Liability Act 2002 (WA), but the relevant section is slightly different to that of the NSW legislation. The purpose of this paper is to examine whether the McCracken case would be likely to be decided in the same way in Western Australia. If so, the administrators, clubs and players involved in professional sport in this jurisdiction should be mindful of the implications, such as the potential for more litigation as a result of injuries sustained in the course of play, or an increase in insurance premiums.
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spelling curtin-20.500.11937-288262017-01-30T13:07:37Z The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia Sadler, Pauline Yorke, Cameron Bowyer, Kyle The 2005 NSW decision of McCracken v Melbourne Storm Rugby League Football Club generated much interest as it appeared to circumvent the provisions of the Civil Liability Act 2002 (NSW), the main purpose of which is to impose a cap on damages awards for personal injury claims and to place limitations on liability in negligence. Western Australia has the Civil Liability Act 2002 (WA), but the relevant section is slightly different to that of the NSW legislation. The purpose of this paper is to examine whether the McCracken case would be likely to be decided in the same way in Western Australia. If so, the administrators, clubs and players involved in professional sport in this jurisdiction should be mindful of the implications, such as the potential for more litigation as a result of injuries sustained in the course of play, or an increase in insurance premiums. 2006 Journal Article http://hdl.handle.net/20.500.11937/28826 Curtin University of Technology fulltext
spellingShingle Sadler, Pauline
Yorke, Cameron
Bowyer, Kyle
The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title_full The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title_fullStr The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title_full_unstemmed The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title_short The Effect of the Decision in McCracken v Melbourne Storm Rugby League Football Club on Professional Sport in Western Australia
title_sort effect of the decision in mccracken v melbourne storm rugby league football club on professional sport in western australia
url http://hdl.handle.net/20.500.11937/28826