Negligence ruling upheld for Ruby Princess COVID cruise
Carnival's Ruby Princess set off from Sydney on a 13-day tour of New Zealand in March 2020 with 2671 passengers and 1146 crew on board.
The voyage was cut short after 11 days just as Australia shut its borders when COVID-19 ran rampant globally.
Twenty-eight people on the vessel died during the outbreak and 663 positive cases were reported amongst passengers.
A class action lawsuit headed by Shine Lawyers and lead applicant Susan Karpik found that Carnival was misleading and negligent in October 2023.
The company knew or ought to have known about the heightened risk of COVID-19 infection on the vessel and owed a duty of care to Ms Karpik to take reasonable care of her health and safety as a passenger, Federal Court Justice Angus Stewart said.
A panel of three judges unanimously dismissed an appeal on Tuesday after Carnival challenged those findings.
The Ruby Princess cruise should have been cancelled, Justices Brigitte Markovic, Sarah Derrington and Darren Jackson wrote.
"It was a foreseeable consequence of Mrs Karpik's boarding (the ship) that she would be exposed to the heightened risk of there being COVID-19 on board the Ruby Princess," they said.
The court also tossed a separate appeal seeking to increase the damages awarded to her by Justice Stewart.
While she was allowed $4423 plus interest for out-of-pocket medical expenses, the judge declined to award non-economic damages as she had not been diagnosed with long COVID.
She had originally sought more than $360,000 in damages for injuries, distress and disappointment.
Carnival offered to settle the case for $15 million before a trial began in October 2022.
But the offer was rejected by the passengers, who asked for $69 million.
Carnival has been contacted for comment on the appeal's dismissal.
Shine Lawyers joint head of class actions Vicky Antzoulatos said the firm was pleased with the appeal court's decision.
"Passengers can now proceed to have their individual claims assessed," she said in a statement.
"We hope this result will lead to a meaningful resolution of their claims so that they can finally put this sorry episode of their lives behind them."
Justice Stewart will determine the next steps in the case at a later date.
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The Advertiser
3 hours ago
- The Advertiser
Public schools lose almost 2000 students as Hunter parents go independent
in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose".
Sydney Morning Herald
5 hours ago
- Sydney Morning Herald
Melbourne's first hatted lasagne restaurant, 1800 Lasagne, enters administration
Melbourne's iconic lasagne destination, 1800 Lasagne, has entered into administration, casting a shadow over the future of its much-loved Thornbury restaurant. Founded by Joey Kellock, 1800 Lasagne began as a humble home delivery service during the height of the COVID-19 pandemic. Operating out of Kellock's home kitchen, the business quickly gained cult status for its Italian comfort food. Riding the wave of that success, Kellock opened the restaurant's first physical venue in August 2020, on High Street in Thornbury. The niche restaurant earned a coveted chef's hat in 2023, with Good Food critic Besha Roddell raving, 'There is simply nothing about it not to love.'
The Age
5 hours ago
- The Age
Melbourne's first hatted lasagne restaurant, 1800 Lasagne, enters administration
Melbourne's iconic lasagne destination, 1800 Lasagne, has entered into administration, casting a shadow over the future of its much-loved Thornbury restaurant. Founded by Joey Kellock, 1800 Lasagne began as a humble home delivery service during the height of the COVID-19 pandemic. Operating out of Kellock's home kitchen, the business quickly gained cult status for its Italian comfort food. Riding the wave of that success, Kellock opened the restaurant's first physical venue in August 2020, on High Street in Thornbury. The niche restaurant earned a coveted chef's hat in 2023, with Good Food critic Besha Roddell raving, 'There is simply nothing about it not to love.'
