Case Alerts - Page 2 of 15

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

Case Alerts

Breaking: Historic decision handed down by the High Court of Australia

At a glance This morning the High Court of Australia handed down three groundbreaking judgments in the institutional abuse space – Bird v DP, RC v Salvation Army (WA) Property Trust and Willmot v State of QLD. These decisions will have a significant impact on the ability of abuse survivors to recover damages and will […]

By : Joshua Weiler Nov 13, 2024 Comments Off

Articles, Case Alerts

Tort of privacy recognised in Australia

By: Patrick Thompson At a glance In Lynn Waller v Romy Barrett [2024] VCC 962, the plaintiff successfully argued that the defendant breached her confidences and invaded her privacy by disclosing private details from counselling sessions to media outlets, leading to damages awarded. Judge Tran recognised a distinct cause of action for invasion of privacy […]

By : Joshua Weiler Oct 30, 2024 Comments Off

Case Alerts

Subrogation in focus: New Zealand law reinforced by England and Wales Court of Appeal decision

By: Peter Leman, Charles Henley and Caitlin Barclay Royal & Sun Alliance Insurance PLC v Textainer Group Holdings Ltd The recent England and Wales Court of Appeal decision in Royal & Sun Alliance Insurance PLC v Textainer Group Holdings Ltd reinforces the current position of New Zealand law on subrogated recoveries. The Court of Appeal rejected […]

By : joanna li Oct 16, 2024 Comments Off

Case Alerts

Jury rolled in Lawyer X trial: Victorian Supreme Court provides a refresher on applications for trial by judge alone

By: Richard Leder, Jacquie Goodwin, Blake Pappas and George Kift Gobbo v State of Victoria [2024] VSC 603 At a glance On 23 September 2024, the State of Victoria successfully removed the jury in Nicola Gobbo’s civil trial. In his written reasons delivered on 26 September 2024, Keogh J confirmed that notoriety and publicity are […]

By : joanna li Oct 8, 2024 Comments Off

Case Alerts

Queensland dust decisions signal rising damages

By: Cassandra Wills Though the use of asbestos in Australia was phased out approximately 40 years ago, dust claims have been a topical issue recently due to the rush of silicosis claims arising out of exposure to engineered stone. Whilst dust claims are certainly not a new area for personal injury claims, three recent decisions […]

By : joanna li Jul 31, 2024 Comments Off

Case Alerts

Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal

By: Richard Flinn and Laura Glasson Rea v Auckland Council [2024] NZCA 313 In the recent decision of Rea v Auckland Council [2024] NZCA 313, the Court of Appeal provides a useful analysis of the elements required to assess when time starts to run for the purpose of assessing limitation, and in particular, for the […]

By : Tracey Govind Jul 30, 2024 Comments Off

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