Case Alerts - Wotton + Kearney

Case Alerts

Lehrmann vs. Queensland Police – guidance from the Supreme Court of Queensland on non-publication orders and judicial review

By: Georgie Austin, Zoë Burchill Lehrmann v Queensland Police Service & Ors [2023] QSC 238 At a glance In late October 2023, former liberal staffer Bruce Lehrmann failed in his bid to obtain a non-publication order over his identity as a defendant in criminal proceedings for charges of rape. This article examines the decision […]

By : Sina Sangsari Nov 14, 2023 Comments Off

Case Alerts

High Court rules on the entitlement of residential tenants to damages arising from mental distress or disappointment

Young v Chief Executive Officer (Housing) [2023] HCA 31 At a glance On 1 November 2023, The High Court of Australia held that the Civil and Administrative Tribunal of the Northern Territory (Tribunal) is empowered by s 122(1) of the Residential Tenancies Act 1999 (NT) (the Act) to compensate tenants for distress or disappointment suffered […]

By : Sina Sangsari Nov 6, 2023 Comments Off

Case Alerts

High Court appeal provides guidance on the application of law in historic child abuse cases

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 At a glance The High Court of Australia has today delivered judgment in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 and, by majority, has allowed an appeal from […]

By : Sina Sangsari Nov 1, 2023 Comments Off

Case Alerts

ABC’s Consent Costs Them: Unpacking the Judgment on Costs in the Russell Case

Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 At a glance On Tuesday 24 October 2023, the Federal Court handed down a costs judgment granting Heston Russell costs on an indemnity basis following the ex-commando’s victory against the Australian Broadcasting Corporation (ABC) in a protracted defamation lawsuit. This article continues on from our earlier […]

By : Sina Sangsari Oct 26, 2023 Comments Off

Case Alerts

Third successful permanent stay application run to judgment in Queensland

DJW v State of Queensland [2023] QSC 138 At a glance On 19 October 2023, the Supreme Court of Queensland handed down its decision to permanently stay the proceedings in an historic abuse claim. The claim involved a psychiatric injury that was alleged to have developed due to the sexual and physical abuse of an […]

By : Sina Sangsari Oct 24, 2023 Comments Off

Case Alerts

ABC learns the ABCs of the new public interest defence

Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 At a glance In September 2022, Heston Russell, a former Major and Commando Officer within the Special Operations Command of the ADF initiated proceedings against the ABC and two investigative journalists. In February, the Federal Court found that the publications defamed Mr Russell. Initially, the ABC […]

By : Sina Sangsari Oct 23, 2023 Comments Off

Case Alerts

Long-awaited McDonald’s class action decision is a green light for settlement CFOs

Elliott-Carde v McDonald’s Australia Limited [2023] FCAFC 162 At a glance On 12 October 2023, the Full Federal Court delivered its long-awaited judgment in the McDonald’s breaks class action. The Court unanimously confirmed that it has the power under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) to make orders for settlement […]

By : Sina Sangsari Oct 13, 2023 Comments Off

Case Alerts

Federal Court makes significant Opal Tower liability policy ruling

WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157 At a glance On 28 September 2023, the Federal Court of Australia found a liability policy covered a sub-contracting engineer and opened up double insurance claims. The case involved claims against WSP, the structural engineer for Sydney’s Opal Tower […]

By : Sina Sangsari Oct 11, 2023 Comments Off

Case Alerts

Directors’ duties in the face of risk to creditors – Mainzeal concludes

Yan v Mainzeal Property Construction Limited (in liq) [2023] NZSC 113 On 25 August 2023, the Supreme Court handed down its highly anticipated decision in Yan v Mainzeal Property Construction Limited (in liq) [2023] NZSC 113. The Court largely upheld the Court of Appeal’s decision and included the award of damages of $39.8m against the […]

By : Sina Sangsari Aug 29, 2023 Comments Off

Case Alerts

The mystery of the water on the floor: County Court confirms that speculation is not enough

Karlevski v Vicinity Centres PM Pty Ltd & Anor [2023] VCC 482 A recent decision by the County Court of Victoria has reconfirmed that while plaintiffs in personal injury actions can rely on inferential reasoning in the absence of direct evidence to a point, mere conjecture is not sufficient. In this matter, which involves a […]

By : Sina Sangsari Apr 6, 2023 Comments Off

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