Fields of dreams: Civil liability and mobile telephony

This paper considers the continuing controversy concerning the alleged health and interference effects of exposure to electric and magnetic fields (EMFs), the Australian regulation of mobile telephony, and the Australian legal theories by which compensation for alleged loss resulting from exposure to EMFs, might be recovered. In particular, the paper examines whether, in the context of the tort of negligence, public policy considerations or considerations of what is fair, just and reasonable will preclude a duty of care being imposed.

Keywords:

• Civil Liability
• Mobile Telephony
• Australia
• Health Effect
• Electric
• Magnetic
• Field
• Negligence