By: Richard Leder, Georgie Austin, Nicole Gabryk, Zoë Burchill and Isabelle Ferrali At a glance From 10 June 2025, serious invasions of privacy will become legally actionable in Australia. This marks a major reform, introducing a new privacy tort that allows individuals to bring claims for either intrusions upon seclusion (such as unauthorised surveillance) or […]
By: James Cooper, Francois Guillot and Ethan Naylor Evans v Air Canada [2025] HCA 22 At a glance The High Court found Air Canada had not waived its right to limit liability under Article 21(2) of the Montreal Convention, despite language in its Tariff. A waiver of valuable legal rights requires clear, unambiguous wording – […]
By: Yen Seah and Samantha Younane At a glance The Aged Care Act 2024 (Cth) comes into effect on 1 November 2025. The Act imposes a new statutory duty on directors and other persons responsible for the executive decisions of aged care providers. This includes those who have authority or responsibility for (or significant influence […]
By: Sarah Metcalfe State of Victoria (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd & Ors At a glance In the subrogated recovery action brought by the State of Victoria against LU Simon and its directors in the County Court of Victoria (CI-23-03724) LU Simon argued that the State could not be […]
By: Sian Gilbert and Charli Kearney At a glance The Albanese Government plans to ban non-compete clauses for employees earning under $175,000, with changes expected to take effect in 2027. Businesses will need to consider stronger confidentiality and non-solicitation clauses, and tailor restraints for senior or high-risk roles. The change may reduce some litigation but […]
By: Naraya Lamart and Ollie van der Zee At a glance Decommissioning is a necessary and planned stage in the life of every offshore petroleum project, requiring consideration from the outset and ongoing development throughout the project’s life. Over the next 50 years, Australia is expected to see USD40.5 billion in offshore decommissioning activity, primarily […]
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: Amanda Beattie, Jonathon Ferraro and Madeleine Wright At a glance High Court Decision on GCOs: The High Court ruled that Group Costs Orders (GCOs) issued by the Supreme Court of Victoria (VSC) are not enforceable in other courts, influencing jurisdictional decisions in class actions. BlueSky Class Action Challenge: The Court is reviewing whether solicitors […]
By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance In December 2024, a consumer-led PFAS class action was filed against 3M Australia Pty Ltd in the Supreme Court of Victoria. Despite significant US litigation, this marks the first class action against 3M in Australia related to PFAS contamination and the first consumer-led PFAS […]
By: Nick Martin At a glance As a provider of technology services and solutions, how well do you understand the legal issues and risks that your Master Services Agreement, or other standard form contract document (MSA) should cover and protect you against? When was your MSA last updated? How often do you have to change […]
