Criminal Law

Used to maintain social

order
Law enforced by the
Police
A crimes is defined as
people breaking the
criminal law
People found guilty are
sent to jail and/or pay a
fine
Examples of crimes

Civil Law
Rights and duties of
individuals towards
each other
People bring civil
cases against other
people when they feel
that the other person
have wronged them
The guilty is asked to
pay/compensate
How can people break
the civil law?

ON YOUR INTERACTIVE
NOTEBOOKS
Case#1: Cole Vs Tweed Heads Club

1. Who is involved?
2. What is the disagreement
about?
3. Who won?
4. Do you agree with the
judgement?

COLE

VS TWEED HEADS CLUB

A woman, Ms Rosalie Cole had been at a club in Tweed

Heads for 8 hours. She drank 16 standard drinks and
had become intoxicated and was behaving
inappropriately. Ms Cole was asked to leave the club
by management and was also offered transportation
home. She refused the transportation home and
decided to go home on her own. A short time after
leaving the the club, Ms Cole was struck down and
injured by a car.
Ms Cole sued both the driver and the club for failing
her. The club for failing to provide duty of care to her
and the driver for reckless driving.

COLE

VS TWEED HEADS CLUB

The High Court ruled that
although the club did have a
duty of care for their patrons, it
is not limitless. Once patrons
are kicked out of the premises
and refuses transport home, the
club will not be held accountable
for any injuries customers suffer
after leaving the club

ON YOUR INTERACTIVE
NOTEBOOKS
Case#2:

Hunt Vs New England Health Services

1. Who is involved?
2. What is the disagreement
about?
3. Who won?
4. Do you agree with the
judgement?

HUNTER VS NEW ENGLAND

HEALTH SERVICES
Mr Hunt was sent to the emergency ward at New
England Health Services Hospital. He had suffered
respiratory failure. Despite receiving treatment, his
condition deteriorated and he suffered kidney failure.
He was kept alive by receiving dialysis and mechanical
ventilation. A year ago, Mr Hunt had prepared an
advance care directive which stated he would refuse
treatment like dialysis. This was because he was a
Jehovahs Witness and his beliefs did not allow him to
receive life saving medical treatment.
He sued the hospital for not following his medical
directive.

HUNTER VS NEW ENGLAND

HEALTH SERVICES
The Supreme Court of NSW ruled
in favour of Mr Hunt. The court
stated that although it is the duty
of the hospital to protect and
preserve the lives and health of
citizens, Mr Hunt was competent
in making his own decision in
regards to his health and that his
wishes should be followed

ON YOUR INTERACTIVE
NOTEBOOKS
Case#3:
and

Gina Rinehart Vs John Hancock

Rinehart
1. Who isBianca
involved?
2. What is the
disagreement
about?
3. Who won?
4. Do you agree with the

GINA RINEHART

VS JOHN HANCOCK

AND BIANCA RINEHART

Gina Rinehart is the richest person in Australia and the 6 th
richest in the world. She is a mining heiress, with a stake
in Rio Tinto, Fairfax Media and Channel Ten Network
Holdings, just to mention a few. Her father, Lang Hancock
had set up a trust fund for her children, leaving Gina
Rinehart as trustee of the fund. The money would be
released to the children in September 2011. However, Mrs
Rinehart refused to give them control of the money saying
that they would lose all the money due to it being taxed
heavily. 2 of her children Bianca and John have sued her
for not releasing the money to them, they said they did not
believe their mother and that their mother was deceitful
and was not acting honestly. They vowed to fight their
mothers control over them.

GINA RINEHART

VS JOHN HANCOCK

AND BIANCA RINEHART

The Supreme Court of NSW ruled
that instead of Gina Rinehart or
any other children being made
responsible for the trust, an
independent trustee would be
selected. This person is yet to be
selected.

ON YOUR INTERACTIVE
NOTEBOOKS
Case#3:

Dallas Buyers Club Vs Pirates

1. Who is involved?
2. What is the
disagreement
about?
3. Who won?
4. Do you agree with the

DALLAS BUYERS CLUB

VS PIRATES

The company that created the movie Dallas

Buyers Club has won an appeal to gain the
information from internet providers for
customers who had downloaded the film
illegally. The company plans to send
letters to the people asking them to admit
they had illegally downloaded the movie
and that they would not do it again or else
face a civil suit brought against them by
the company.