With Hurricane Sandy bearing down on the US East Coast, readers of this blog may be interested in the post by US firefighter and emergency services lawyer, Kurt Varone – see Hurricane Evacuation Orders and Liability.

The legal principles discussed in this blog would be similar to those used here except that the Australian courts tend not to use the language of ‘the public duty doctrine’ or ‘sovereign immunity’ but the principles do exist, just without the neat linguistic handle.     We also have similar legislative protections in the various Emergency Management or Disaster management Acts throughout the country.  Accordingly without being an exact fit, I suggest the legal response in Australia, whether we are talking cyclone, fire or flood, would be very much as described in this post.

Michael Eburn

30 October.