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Cannot claim nervous shock if suffering from grief, distress or sorrow. If this was allowed, then it would mean that so many people could claim nervous shock, without actually having obtained a mental illness

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Set the precedent that a human (police officers) error in the course of duty is not means for Nervous Shock claim, when everything was done to rectify the mistake.

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Changed the definition of NS from “sudden sensory perception/sudden shock” to “no rigid distinction between sudden shock and agonising protracted NS”

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secondary victims can claim for loss

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Cases are based on individual merit

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Limitation on claims (3 years)
Spence v Percy [1992]

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There are many precedent cases to base off of now. (ZOO WEE MAMA)

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:- Limits on claims e.g 3 yrs Limitation Act
:-  No limit to physical proximity at the time of the accident
:- Secondary victims can claim for loss a Proximity

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Medical evidence can be used to determine outcomes

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Medical evidence can be used to determine outcomes

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Secondary victims can make a claim for Nervous Shock. This was seen in many cases including Jaensch v Coffey where the wife made a claim for damages. Also Gifford v Strang Patrick Stevedoiring where the children made a claim. This widens that family members can make a claim for nervous shock, due to the proximity principle. 

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Secondary victims can make a claim for Nervous Shock. This was seen in many cases including Jaensch v Coffey where the wife made a claim for damages. Also Gifford v Strang Patrick Stevedoiring where the children made a claim. This widens that family members can make a claim for nervous shock, due to the proximity principle. 

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With Updated Precedents the court becomes more in with the times

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Can't claim for human error or when a person doesn't act with normal fortitude (Tame v New South Wales)

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Can't claim for human error or when a person doesn't act with normal fortitude (Tame v New South Wales)

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cases can be bases off individual merit

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medical evidence is required for a claim

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Open claims up to psychological injury - not just physical injury

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Some occupations present obvious risks (eg. emergency services)

Hegarty v Queensland  Ambulance Service [2007]
Christine Irwin v State of New South Wales [ 2011]