DLA Piper report that on 20 June 2014, special leave to appeal was granted in respect of the decisions Hunter and New England Local Health District v McKenna / Simon [2014] HCATrans 137.

The transcript of the leave application touches on two main issues:

  • The intersection (perhaps inconsistency) between the Mental Health Act and the asserted common law duty of care; and
  • Application of the section 5O Civil Liability Act defence.