By: Misha Heneghan, Richie Flinn, Neil Beadle, Matt Hutcheson and the WK Statutory Liability team. RH and JY Trust v WorkSafe New Zealand [2026] NZCA 12 The Court of Appeal has, by majority found that a trust, distinct from the individual trustees, can be prosecuted under the Health and Safety at Work Act 2015. The […]
By: Meisha Tjiong, Cindy Lim and William Yeo AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle This morning the High Court of Australia delivered a significant judgment expanding the principles of non-delegable duties and having wide-ranging impact for child abuse claims. Background AA commenced proceedings in the Supreme Court of NSW seeking damages from the Diocese of Maitland-Newcastle (Diocese) arising from […]
By: Richard Leder, Michelle Rich and Rhyse Collins Dougan v Trustees of the Marist Brothers [2025] VCC 1663 At a glance On 17 November 2025, Her Honour Judge Bourke of the County Court of Victoria delivered her judgment in Dougan v Trustees of the Marist Brothers [2025] VCC 1663, confirming that defendants who make sensible […]
By: Kirsty Easdale and Chelsea Leet At a glance From 6 May 2026, Commonwealth agencies can apply directly to Courts for workplace protection orders to protect workers from personal violence connected to their duties, removing the need for staff to seek state-based orders themselves. The scheme has broad application (including against members of the public […]
By: Paul Spezza, Cassandra Wills, Dominique Fordyce, Ashley Shuttleworth and Ellen Bobbermien BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 At a glance The Court of Appeal of Queensland has provided further clarification on when an employer will be vicariously liable […]
By: Stephen Morrissey, Christy Mellifont and Katie Kyung GEMA v OpenAI In our Technology Disputes in Focus series, WK’s Cyber Privacy & Technology team provides updates on the latest developments in technology disputes. Following a recent German decision involving OpenAI, this second edition explores potential liability for AI providers for copyright infringement and compares international and […]
By: Marcus Saw and Tobias Campbell Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306 At a glance In late 2024, in a split 4:3 decision in Pafburn Pty Ltd v The Owners—Strata Plan No 84764 (HCA Decision), the High Court dismissed an appeal from The Owners—Strata Plan No 84674 v Pafburn Pty Ltd […]
By: Wes Rose and Sarah Metcalfe Introduction Despite construction inflation settling in the years immediately following the COVID-19 pandemic, construction inflation is again increasing across Australia.1 In addition to construction inflation increases, we are also seeing an increase in the quantum of construction claims. Various factors are contributing to this, including labour shortages, the ongoing shortage […]
By: Stephen Morrissey, Christy Mellifont and Katie Kyung Australian Competition and Consumer Commission v Microsoft Corporation & Anor In this new series, WK’s Cyber Privacy & Technology team will provide updates on the latest developments in technology disputes. This first edition concerns the issuing of proceedings in Australian Competition and Consumer Commission v Microsoft Corporation & […]
By: Laura Gavan and Kirsty Easdale Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092 The Federal Court of Australia has delivered a significant decision in Fair Work Ombudsman v Woolworths Group Limited; […]
