The correct starting point is to see whether the case in question falls within one of the duty situations already recognised by Australian courts.  There are many recognised duty situations or relationships.  They include:  

• The parties to a contract
• A manufacturer and a consumer of their products
• A statutory authority and members of the public
• A road user and other road users
• Persons in a fiduciary relationship, such as principals and their agents
• A person who has handed their property over to another person (a bailee) for safekeeping, loan, use, cleaning, repair or some other agreed purpose
• Parents and children
• Third parties and children
• Legal practitioners and clients (or others affected by their conduct)
• Medical practitioners and patients
• Gaoler and prisoner
• School and pupil
• Organisations and children in institutional care