By: Lesley Woodmore and Janice Wong Ward v Endeavour Coal Pty Limited [2026] NSWSC 557 The decision of Cavanagh J in Ward v Endeavour Coal Pty Limited [2026] NSWSC 557, handed down on 22 May 2026, represents an important development in the law governing liability in labour hire arrangements, non-delegable duties of care, and the […]
Australia’s personal injury landscape continues to evolve at pace. While each jurisdiction retains its distinct legislative framework, 2026 has seen a sharpening of the differences that matter most to insurers, particularly in pre-litigation processes, limitation regimes, and the assessment of damages. Our State of the Nation Report for 2026 distils the procedural rules, limitation periods […]
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 […]
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 […]
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: 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: 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 […]
