A positive example from a foreign court that United States Judges might want to emulate.
The bottom line is that courts should NOT be setting policy, which essentially what the lower courts “duty of care” bull ■■■■ would have amounted to.
Whether in Australia or the United States, courts should refrain from setting policy. In Australia, the appeals could properly restrained the lower court from setting policy. Courts in the United States should emulate the example.
Policy is the proper and sole domain of the political branches, not the judiciary.