Kozarov v Victoria

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJZAGI KOZAROV  APPELLANTANDSTATE OF VICTORIA  RESPONDENTKozarov v Victoria[2022] HCA 12Date of Hearing: 2 December 2021Date of Judgment: 13 April 2022M36/2021ORDER1. Appeal allowed. 2.Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 24 November 2020 and 7 December 2020 and, in their place, order that the appeal to that Court be dismissed with costs.3. The respondent pay the appellant's costs.  On appeal from the Supreme Court of VictoriaRepresentationJ T Rush QC and A M Dinelli with J B Richards QC and G D Taylor for the appellant (instructed by Bowman & Knox)B W Walker SC with G A Worth and N A Wootton for the respondent (instructed by Russell Kennedy Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSKozarov v Victoria Negligence – Causation – Workplace injury – Psychiatric injury – Where appellant employed in Specialist Sexual Offences Unit of Victorian Office of Public Prosecutions ("OPP") – Where appellant found to have suffered psychiatric injury resulting from vicarious trauma suffered in employment – Whether respondent failed to take reasonable measures in response to evident signs of psychiatric injury – Whether respondent's failure caused exacerbation of psychiatric injury.Negligence – Duty of care – Content of employer's duty to employee to take reasonable care to avoid psychiatric injury – Where OPP adopted Vicarious Trauma Policy to protect psychiatric health of employees...