Causation and its intersection with an increased risk and increased incidence have raised issues of some complexity and debate for a number of years. The role of the ‘but for’ test, loss of a chance, material contribution and a necessary condition of the occurrence of harm in common law causation were clarified in 2010 by the High Court of Australia in Amaca v Ellis [2010] HCA 5 and Tabet v Gett [2010] HCA 12. On the other hand, it appears that questions of causation in the assessment of damages for breaches of statutory guarantees may still involve complex issues that are less than clear. In this session, Colin Loveday will lead a discussion on the recent and evolving jurisprudence of causation in claims for damages under the Australian Consumer Law in recent product liability claims.

This session was recorded during the Specialist Accreditation Conference 2023.