Law Academic Lends Expertise at the High Court

The Law School’s Richard Garnett was recently engaged as a junior counsel in a case which was heard in the High Court of Australia.

Puttick v Fletcher Challenge Forests Limited raised questions about jurisdiction and choice of law in the context of an action for negligence arising out of asbestos exposure. It was first heard in 2006 in the Supreme Court of Victoria and in 2007 in the Court of Appeal before going to the High Court.

A consultant at law firm Freehills, Professor Garnett’s main areas of interest include conflict of laws and international dispute resolution, both of which he has written extensively about over the years and was able to put to good use in the preparation of the written submissions and oral argument for the case.

The questions Professor Garnett and his colleagues had to address in the case were:

First: where did the alleged tort occur?

Secondly: once the place of the alleged tort was determined, should the Victorian court hear the action?

They also asked the High Court to reconsider one of its decisions.

A judgment should be handed down later this year.