Articles - Wotton Kearney

Articles, Case Alerts

Victorian Court of Appeal allows Western Bulldogs’ appeal against award for damages

By: Richard Leder, Jacquie Goodwin, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles, Thought Leadership

Tech professionals and AI: Navigating liability and emerging risks

By: Stephen Morrissey, Christy Mellifont and Kayleigh Maxwell At a glance AI technology faces growing scrutiny over data privacy and cybersecurity concerns, with the Australian Government introducing voluntary safety standards and exploring mandatory guardrails for high-risk AI applications. Generative AI is raising legal questions about copyright infringement, ownership of AI-generated works, and liability under Australia’s […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles, Case Alerts

Pafburn: High Court ruling reshapes liability for developers and builders under the DBP Act

By: Charu Stevenson, James Clohesy and Chris Knight Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49 At a glance The High Court ruled that developers and builders cannot rely on proportionate liability defences for breaches of the DBP Act duty of care due to its non-delegable nature. The decision […]

By : Joshua Weiler Dec 12, 2024 Comments Off

Articles

Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?

By: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance The release of the Victorian Building Authority’s (VBA) independently commissioned report ‘Victorian Building Authority – The Case for Transformation’1 in October 2024 (VBA Report) provided the background to important reforms to the Victorian building regulatory regime recently announced by the Victorian Minister for Planning2 […]

By : Anja Vogel Dec 5, 2024 Comments Off

Articles, Case Alerts

Defendant bears a heavy burden in proving unfair trial for successful stay applications

By: Greg Carruthers-Smith, Gemma Burke and Maria Canon RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 At a glance The High Court of Australia has allowed an appeal to set aside a judgment staying civil proceedings relating to alleged sexual abuse occurring in 1959/60. The death of the perpetrator and the […]

By : Joshua Weiler Dec 3, 2024 Comments Off

Articles, Case Alerts

Privacy and Other Legislation Amendment Bill 2024 passed

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance Most parts of the Privacy and Other Legislation Amendment Bill 2024 (Cth) start the day after Royal Assent. However, APP1 changes for automated decision-making take effect in 24 months, and the new statutory tort for serious invasions of privacy starts within 6 months or […]

By : Joshua Weiler Nov 29, 2024 Comments Off

Articles, Case Alerts

Breaking down the Cyber Security Act 2024 and amendments to the SOCI Act

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance The new Act strengthens safeguards for individuals, businesses, and critical infrastructure, enhancing Australia’s resilience to cyber threats. Businesses must report significant cyber incidents, including ransomware demands and payments, ensuring improved visibility and coordinated responses. The act updates standards for IoT devices, expands critical infrastructure […]

By : Joshua Weiler Nov 26, 2024 Comments Off

Articles, Case Alerts

One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes

By: Jonathan Maher and Ben Kelly At a glance The Claimant issued a judicial review application to challenge the Medical Panel’s decision that his knee impairment stemmed from pre-existing conditions, not a fall. The Victorian Supreme Court upheld the Panel’s decision, rejecting the Claimant’s argument that section 28LL(3) of the Wrongs Act 1958 (Vic) contains […]

By : Joshua Weiler Nov 25, 2024 Comments Off

Articles

Hawthorn Football Club settles litigation with Indigenous former players and their partners

By: Georgie Austin and Deniz Coskundag Rioli & Ors v Hawthorn Football Club Ltd (Proceeding No. VIC728/2024) At a glance Hawthorn Football Club has settled its Federal Court proceeding with Indigenous former players, and their partners, in a claim of historic mistreatment and racial discrimination during their time at the Club. The Club published a […]

By : Joshua Weiler Nov 22, 2024 Comments Off

Articles

High Court rejects extending vicarious liability beyond employment

By: Richard Leder OAM, Sean O’Connor, Rhyse Collins and Deniz Coskundag Bird v DP [2024] HCA 41 | View previous article summarising the decision At a glance The High Court unanimously found that the Diocese of Ballarat was not vicariously liable for the tortious conduct of one of its priests against the respondent when he […]

By : Joshua Weiler Nov 21, 2024 Comments Off

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