By: Scott Macoun, Natalie Orola, Isaac Buckland and Gigi Lynis Stewart v Metro North Hospital and Health Service [2025] HCA 34 At a glance The High Court of Australia has unanimously overturned a decision of the Queensland Court of Appeal in relation to a catastrophically injured plaintiff’s claim for damages for at-home care. The case […]
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, […]
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 […]
By: Trudi-Ann Mercurio Toon v Central Adelaide Local Health Network [2025] SADC 98 At a glance The South Australian District Court dismissed a medical negligence claim for damages against the Central Adelaide Local Health Network (CALHN) following treatment for compartment syndrome compounded by a closed brachial plexus injury. The Court found no breach of duty […]
By: Greg Carruthers-Smith, Meisha Tjiong and Chad Farah State of New South Wales v T2 (by his tutor T1) [2025] NSWCA 165 At a glance In October 2017, a Year 9 student was violently assaulted by his peers shortly after the school bell, and outside school boundaries, sustaining significant injuries. The New South Wales Court of […]
Australia’s personal injury legislation creates a distinct legal landscape in each state – with every jurisdiction’s unique framework shaping your reserves, settlement approaches, and ultimate claims outcomes. That’s why we’ve released our State of the Nation Report for 2025, a resource that breaks down the procedural rules, limitation periods, assessment of damages and recent cases […]
The future of insurance and risk in Asia-Pacific is here, and rapidly evolving. Are you ready? In a world marked by rapid technological advancement, innovation, evolving regulatory demands and increasing complexity across multiple risk sectors, Future Proof ’25 examines the diverse forces reshaping insurance and business landscapes. This report highlights emerging trends and critical challenges […]
By: Angela Winkler and Chad Farah De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56 At a glance The Court of Appeal upheld that DMG was vicariously liable for the unidentified worker’s negligence, based on circumstantial evidence showing the worker was likely DMG’s direct employee. The Court overturned the trial judge’s finding and […]
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: 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 […]
