Over 1,000 class actions filed, $1.5 billion in settlements, and a landmark Robodebt settlement that made history. 2025 was a milestone year for class actions in Australia, and 2026 is shaping up to be just as consequential. Our class actions experts unpack some key developments and trend themes in their latest article – Class Actions […]
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: Georgie Austin, Clare McNamara and Zoe Jones At a glance On 8 January 2026, the Governor-General issued draft Letters Patent establishing a Royal Commission on Antisemitism and Social Cohesion. The Commission has been tasked with addressing issues set out in its Terms of Reference, which are wide-ranging and encompass not only the terror event itself, […]
By: Amanda Beattie, James Clohesy and Zoe Jones At a glance This is the second article in our series examining climate change litigation and forecasting emerging trends in the Australian market. Our first article surveyed the global litigation landscape and identified key themes that will shape future disputes. This article turns to Australia, outlining the […]
By: Amanda Beattie and Zoe Jones At a glance According to the Grantham Research Institute’s recent Global Trends in Climate Change Litigation: 2025 Snapshot report, in 2024 Australia was second only to the United States in terms of the number of claims made relating to climate. Litigation is inevitably a driver of climate action and […]
By: Lesley Woodmore, Sam McNally and Tenielle Corcoran Willis v Orange City Council [2025] NSWDC 208 Note: Wotton Kearney has prepared this as part of our Statewide Mutual Risks Conference 2025 coverage – be sure to visit us in Sydney. For more insights like this, explore our Local Government hub. Overview On 9 July 2020, […]
