Glass v Cth

[2003] ACTCA 8

ACT Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Negligent advice
4. › Public administration
5. › Duty of care of statutory authority administering superannuation scheme
6. › Whether administrators should seek legal advice on doubtful questions of statutory interpretation
7. › Whether long-standing departmental practice excuses failure to seek legal advice
8. › Defence Force Retirement and Death Benefits Act 1973 (Cth), s 68(1)(a)
1. Damages
2. › Assessment of damages
3. › Loss of a chance
4. › Negligent advice causing loss of opportunity to earn higher income
5. › Broad assessment approach
6. › Whether loss ceased when opportunity to mitigate arose
7. › Duty to mitigate
1. Damages
2. › Interest on damages
3. › Pre-judgment interest as component of damages
4. › Commercial rates less allowance for tax

Quick Take

A statutory authority administering a superannuation scheme that gives definitive advice on statutory entitlements without seeking legal advice breaches its duty of care where the recipient has plausibly advanced a different interpretation of the legislation, even if the authority's officers held no legal qualifications and relied on long-standing departmental practice. Damages for loss of a chance to earn higher income should be assessed broadly rather than with spurious precision, and pre-judgment interest at commercial rates less tax is recoverable as a component of damages.