ON 28 AUGUST 2008, the High Court of Australia delivered Imbree v McNeilly [2008] HCA 40 (28 August 2008).

The High Court held that an unlicensed 16 year old driver owed the same duty of care as any other driver to take reasonable care to avoid injury to others, overturning its decision in Cook v Cook [1986] HCA 73; (1986) 162 CLR 376 (2 December 1986) in which it had held that the standard of care was that which would be expected of an unqualified and inexperience driver.

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