NZIV v Kenny: The latest word from the Valuers Board of Appeal on conflict of interest

By: James Dymock and Victoria Waalkens Kenny v NZIV [2025] NZDC 17928 On 18 August 2025, the Valuers Board of Appeal (VBOA) allowed Mr Kenny’s appeal against the decision of the Valuers Registration Board (VRB), which found that he acted in a conflict of interest. A great result for Mr Kenny, who spent nearly six […]

South Australian court sets new benchmark for historical abuse damages

By: Cheryl Phillips, Matthew Elson and Beljana Dally B P v K R & ANOR [2025] SASC 58 At a glance The Supreme Court of South Australia awarded the applicant $400,000 in general damages arising from sexual abuse she suffered at the hands of two respondents during her formative and adult years. This matter will […]

Upward damages trend continues in sexual harassment case

By: Laura Gavan, Caitilin Watson and Ashi Muraleetharan Magar v Khan [2025] FCA 874 On 1 August 2025, the Federal Court of Australia (FCA) handed down judgment in Magar v Khan [2025] FCA 874, awarding the claimant $305,000. This amount comprised general, aggravated, and compensatory damages, including compensatory damages for past and future economic loss. […]

Davis v Wilson: The bar for successful shareholder class actions gets higher and higher

By: Amanda Beattie and Zoe Jones At a glance Following its decisions in other shareholder class actions late 2023 and 2024, the Federal Court has handed down yet another unfavourable decision for shareholders (Davis v Wilson [2025] FCA 108). The claim alleged that Quintis’ CEO, Frank Wilson, and its auditor, Ernst & Young, engaged in […]

Successful ‘declassing’ application in Waller Legal class action: Implications for institutional defendants?

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance The Supreme Court of Victoria has granted an application made by a defendant (Waller Legal) for a claim to no longer proceed as a group proceeding. The claim made by the lead plaintiff, Jane Jones (a pseudonym) alleged that Waller Legal breached its duty […]

Full Federal Court backs privilege protections in voluntary disclosures to ASIC

By: Amanda Beattie and Gavin Davies. At a glance The Full Federal Court has determined that disclosure of a privileged expert report to ASIC in accordance with a voluntary disclosure agreement (VDA) did not amount to a waiver of privilege. This decision restores confidence in VDAs as a valuable tool for companies cooperating with ASIC […]

ASIC issues first unfair contract term proceeding against an insurer

On 4 April 2023, ASIC commenced its first proceeding against an insurer under the unfair contract terms regime. The term in question is contained in a home and contents insurance contract and concerns an obligation on the insured to notify the insurer if “anything changes about your home or contents”. The allegedly unfair contract term […]

The IT professionals claims landscape in 2023

Claims against IT professionals following cyber events continue to be on the rise. Businesses including managed services providers (MSPs) and cloud services providers (CSPs) that are responsible for hosting data on behalf of their clients continue to be common targets for cyber criminals. While MSPs and CSPs are not always the direct victims of a […]

Recent real estate decisions highlight the importance of internal practices for agencies

Soft Technology JR Limited v Jones Lang Lasalle Limited [2022] NZCA 353 Weber v Hastings District Council [2022] NZHC 1405 The New Zealand courts have recently had their say on two significant aspects of the law relating to real estate agents. The Court of Appeal’s decision in Soft Technology JR Limited v Jones Lang Lasalle […]

Treasury consults on new crypto asset licensing regime

On 21 March, the Treasury released a consultation paper about the regulation of secondary service providers of cryptocurrency assets (CSSPs). The consultation paper highlights the current ‘patchwork’ nature of regulation of crypto assets, noting that some crypto assets may already be subject to the existing Australian Financial Services (AFS) or consumer law frameworks. The paper […]