Ferdinands v Chief of Army & Anor

The applicant, Mr. Ferdinands, brought proceedings against the Chief of Army and the Commonwealth of Australia, alleging that the respondents had breached their duty of care owed to him. The dispute concerned the alleged failure of the respondents to take reasonable steps to prevent Mr. Ferdinands from suffering psychological injury arising from his service in the Australian Army. The matter came before Crennan J of the High Court of Australia.

The central legal issue before the Court was whether the respondents owed Mr. Ferdinands a duty of care to prevent him from suffering psychological injury as a result of his military service, and if so, whether that duty had been breached. This involved considering the scope of the duty of care owed by an employer to an employee, particularly in the context of military service, and the foreseeability of psychological harm.

Crennan J applied established principles of negligence, focusing on the elements of duty of care, breach of duty, and causation. His Honour considered the nature of military service and the inherent risks associated with it, as well as the specific circumstances of Mr. Ferdinands' service. The Court examined whether the respondents had acted reasonably in the circumstances to protect Mr. Ferdinands from foreseeable psychological harm, taking into account the knowledge available to them at the time. The judgment ultimately determined that the respondents had not breached their duty of care to Mr. Ferdinands.