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 […]

Continue Reading
By : Dec 5, 2024 Comments Off on 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?
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 […]

Continue Reading
By : Dec 3, 2024 Comments Off on Defendant bears a heavy burden in proving unfair trial for successful stay applications
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 […]

Continue Reading
By : Nov 29, 2024 Comments Off on Privacy and Other Legislation Amendment Bill 2024 passed
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 […]

Continue Reading
By : Nov 26, 2024 Comments Off on Breaking down the Cyber Security Act 2024 and amendments to the SOCI Act
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 […]

Continue Reading
By : Nov 25, 2024 Comments Off on One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes
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 […]

Continue Reading
By : Nov 22, 2024 Comments Off on Hawthorn Football Club settles litigation with Indigenous former players and their partners
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 […]

Continue Reading
By : Nov 21, 2024 Comments Off on High Court rejects extending vicarious liability beyond employment
Articles

Criminal trial pending as High Court rejects immunity claim of ATO whistleblower

By: Georgie Austin, Natasha Chand and Madeleine Wright At a glance The High Court of Australia refused whistleblower Richard Boyle’s request for an extension to file an appeal challenging his criminal charges related to ATO disclosures. The Court found Boyle’s appeal had insufficient prospects of success, upholding a previous decision that denied him statutory immunity […]

Continue Reading
By : Nov 12, 2024 Comments Off on Criminal trial pending as High Court rejects immunity claim of ATO whistleblower
Articles

Sand pit or legal pit? Court confirms a school’s duty of care when supervising sports

By: Meisha Tjiong, William Yeo and Hannah Turl At a glance On 4 and 17 October 2024, the District Court of NSW delivered its decisions in Stanberg v State of New South Wales [2024] NSW DC 462, and entered a judgment for the State with the Plaintiff to pay the State’s party/party costs and partial […]

Continue Reading
By : Nov 11, 2024 Comments Off on Sand pit or legal pit? Court confirms a school’s duty of care when supervising sports
Articles

Damages update: Victorian Court of Appeal reassesses damages in historical abuse case

By: Jonathan Maher and Tushka Sridharan At a glance The Court of Appeal reduced the jury’s $1.1 million award of pain and suffering damages to $550,000, deeming the original amount “manifestly excessive”, aligning it with judge-alone awards in similar cases. The jury’s $1.3 million exemplary damages award was set aside entirely, with the Court of […]

Continue Reading
By : Nov 11, 2024 Comments Off on Damages update: Victorian Court of Appeal reassesses damages in historical abuse case

Search