Articles - Wotton Kearney

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Court upholds hospital treatment despite alleged surgical delay

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 : Joshua Weiler Aug 18, 2025 Comments Off

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RMA changes set to reshape statutory liability cover

By: Misha Henaghan and Matt Hutcheson As part of New Zealand Government’s planned reform of the Resource Management Act 1991 (RMA), the first major step is the introduction of the Resource Management (Consenting and Other System Changes) Amendment Bill (Bill). The Bill proposes a range of changes to consenting and planning rules, and two important […]

By : Joshua Weiler Aug 18, 2025 Comments Off

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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. […]

By : Joshua Weiler Aug 12, 2025 Comments Off

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New public interest defence tested in landmark Federal Court decision

By: Richard Leder and Isabelle Ferrali Al Muderis v Nine Network Limited In a landmark decision, the Federal Court of Australia has sent a clear message to plaintiffs: think very carefully before embarking on a defamation suit. Background and details of the Al Muderis v Nine Network Limited case Last Friday afternoon, 8 August 2025, […]

By : Joshua Weiler Aug 11, 2025 Comments Off

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High Court shuts down solicitors’ CFOs in the Federal Court

By: Amanda Beattie and Gavin Davies In a decision that is bound to disappoint plaintiff law firms but delight litigation funders, the High Court has quashed the Full Federal Court’s decision to allow solicitor’s CFOs in the Federal Court in the Blue Sky Class Action (see Kain v R&B Investments Pty Ltd Ernst & Young […]

By : Joshua Weiler Aug 8, 2025 Comments Off

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NSW Court of Appeal confirms school’s duty of care extends beyond the bell

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 […]

By : Joshua Weiler Jul 28, 2025 Comments Off

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Federal court rules no duty of care to Torres Strait Islanders in landmark climate case

By: Amanda Beattie, James Clohesy and Clare McNamara Justice Wigney delivered his judgment in Pabai Pabai v Commonwealth of Australia (Pabai) yesterday, an important decision in the context of climate change litigation in Australia and for government agencies across the country. Pabai was brought as a class action on behalf of all Torres Strait Islanders alleging […]

By : Joshua Weiler Jul 16, 2025 Comments Off

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CPS 230 Operational Risk Management: Industry Survey 2025

Thank you to PFS Consulting for the opportunity to share findings from their CPS 230 Operational Risk Management Industry Survey for 2025. From 1 July 2025, Australia’s financial services sector enters a new era with the commencement of APRA’s CPS 230 – Operational Risk Management. This marks a significant shift in how operational risk, business […]

By : Joshua Weiler Jul 1, 2025 Comments Off

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Is the new tort for serious invasion of privacy relevant to Government?

By: Clare McNamara and John McPherson From 10 June 2025, serious invasions of privacy are actionable as a new statutory tort in Australia. The new tort was introduced by addition of a new Schedule 2 to the Privacy Act 1988 (Cth). Note that Schedule 2 was inserted into the Privacy Act 1988 by the Privacy and Other […]

By : Joshua Weiler Jun 20, 2025 Comments Off

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Privacy Awareness Week 2025: Your privacy and reporting duties following a data breach or cyber incident

By: Kieran Doyle, Nicole Gabryk, Rebecca Wilson and Jordan Chen This Privacy Awareness Week, we’re taking a closer look at the privacy and regulatory reporting obligations businesses must navigate following a data breach or cyber incident. Recent reforms to the Privacy Act 1988 (Cth), new cyber security legislation, and other regulatory developments have introduced a […]

By : Joshua Weiler Jun 19, 2025 Comments Off

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