The unobvious risk: NSW Court of Appeal finds an unmarked speed hump was not an “obvious risk”

By: Maryan Lee and Lara Yagmur The Owners – Strata Plan No 31337 v Balacco [2026] NSWCA 50 At a glance On 9 April 2026, the New South Wales Court of Appeal upheld the decision that an Owners Corporation was negligent in respect of an incident in which Ms Balacco suffered injury after tripping on […]

‘So unreasonable’: Supreme Court of Queensland confirms scope of s 36 protection

By: Cassandra Wills and Taylah Graham Dennison v Brisbane City Council [2026] QSC 83 The Supreme Court of Queensland has confirmed the significant protection afforded to public authorities under s 36 of the Civil Liability Act 2003 (Qld) (CLA), dismissing a claim against Brisbane City Council (BCC) notwithstanding findings that it would otherwise have been […]

When AI goes to court: lessons from Jones v Family Court at Whangārei

By: Antony Holden Jones v Family Court at Whangārei [2026] NZSC 1 The New Zealand Supreme Court’s decision in Jones v Family Court at Whangārei [2026] NZSC 1 is a sharp reminder that artificial intelligence, left unchecked, can turn Court submissions into a professional liability event. Although the case involved a self-represented litigant, the Court’s […]

‘Direct claims’ down the drain: Much needed clarity on the Licensed Plumbers General Insurance Order

By: Stuart Moore, Nicholas Graham and Taylor Mullins O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 The recent Victorian Court of Appeal’s decision in O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 provides much needed clarity on the oft-misunderstood Licensed Plumbers General Insurance Order 2002 (Vic) (Ministerial Order) – a Victorian […]

Finality in litigation: Federal Court dismisses oppression claim as abuse of process

By: Bill Conor and Lachlan Milligan Slater v Ecosol Pty Ltd [2026] FCA 208 At a glance On 5 March 2026, the Federal Court of Australia summarily dismissed an oppression claim brought by Mr Matthew Slater, a minority shareholder in Ecosol Pty Ltd, against the company and two of its directors, Mr Jeffrey Smith and […]

Drawing the line: aggregation, ambiguity and strict liability

By: Marcus Saw and Romel Tallow Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 At a glance The decision of the Supreme Court of Victoria in Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 (16 March 2026) is a salient reminder […]

ASIC’s case against the directors of Star Entertainment: directors’ duties through a modern lens

By: Yen Seah and Bella Marazita ASIC v Bekier (Liability Judgment) [2026] FCA 196 If you read nothing else, read this: The Federal Court’s 500-page liability judgment in ASIC v Bekier delivers a clear message for directors and officers: passive oversight is not enough. Executives must escalate serious risks – failing to act on red flags can breach […]

Another first for the Victorian GCO regime: Varying a Group Costs Order

By: Amanda Beattie, Jonathon Ferraro and Madeleine Wright Byrnes v Origin Energy (No 2) 2026 VSC 97 Another first for the Victorian GCO regime In a judgment delivered by Justice Waller on 11 March 2026, the Supreme Court of Victoria determined the first application to amend a Group Costs Order (GCO) pursuant to s 33ZDA(1) […]

Court of Appeal finds trusts are criminally liable under HSWA: What are the implications for insurers?

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 […]

High Court expands non-delegable duties in landmark child abuse decision

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 […]