Ambition versus judicial reality: Causation and remoteness under civil liability legislation

Abstract

The function of judicial reasoning in negligence actions - guidance on the principles of remoteness and causality - reforms in Australian jurisdictions aimed at governing the approach that courts must take to these principles - aims of reforms - introduction of a two-stage approach: 'factual causation' and 'scope of liability' - critique of reforms - whether they will achieve their intended purpose - relevant case law.