Case Alerts - Wotton Kearney

Case Alerts

What happens when 73% of owners vote for a change, but the law says that may not be enough?

By: Andrew Brennan, James Read and Allana McGrath Background Recent amendments to the Subdivision Act 1988 (Vic) (SA) and the Owners Corporations Act 2006 (Vic) (OC Act) have addressed two legislative provisions that had become increasingly difficult to reconcile with the practical realities of Owners Corporation governance. The reforms follow a number of significant decisions, […]

By : Joshua Weiler Sep 17, 2026 Comments Off

Case Alerts

Open justice under pressure: Queensland suppression order highlights evolving tensions

By: Georgie Austin and Isabelle Ferrali The Queensland Supreme Court has upheld an interim suppression order in a case testing the limits of open justice. The decision considered whether a non-publication order could extend to a prominent third party known as “MM”, whose identity was connected to alleged extortion proceedings but who was not an […]

By : Joshua Weiler Sep 2, 2026 Comments Off

Privacy at a crossroads: Australia’s new tort awaits its defining case

By: Richard Leder and Isabelle Ferrali Introduction For decades, Australian privacy law was characterised as much by what it did not protect as by what it did. Unlike the United Kingdom, Australia had no generally recognised cause of action allowing an individual to sue simply because another person had invaded their privacy or misused their […]

By : Joshua Weiler Aug 17, 2026 Comments Off

Case Alerts

New Zealand Court of Appeal clarifies trustee discretion and duty of care

By: Mathew Francis, Rebecca Scott, James Dymock and Alison Cupples Perpetual Trust Ltd v Cooke [2026] NZCA 349 Background Mrs Cooke died in March 2017. Her two adult children (Mr Cooke and Mrs Panhuis) were the original executors of the estate and trustees of the testamentary trusts established by her will. The estate’s main assets […]

By : Tracey Govind Aug 13, 2026 Comments Off

Case Alerts

Bondi Icebergs founder Maurice Terzini, Nine and the new privacy tort

By: Leah Mooney, Georgie Austin and Isabelle Ferrali Introduction Bondi Icebergs founder Maurice Terzini has commenced proceedings in the NSW Supreme Court against Nine Entertainment and his former wife, Emma Addams, in what could be the first substantial case invoking the newly legislated tort of serious invasion of privacy. According to the statement of claim, Terzini […]

By : Joshua Weiler Aug 5, 2026 Comments Off

Case Alerts

When a cracked house means a complete rebuild: Lessons from Di Lullo v JG King

By: Robert Finnigan and Chris Knight Di Lullo v JG King Pty Ltd (No 3) [2026] NSWDC 218 Introduction When a home suffers serious foundation defects, the critical question for courts, and for the parties involved, is whether the problem can be fixed in place or whether the house must come down entirely. The answer […]

By : Joshua Weiler Jul 27, 2026 Comments Off

Case Alerts

Private group chats can attract equitable protection, NSW Supreme Court confirms

By: Georgie Austin and Hannah Moore AB v Australian Broadcasting Corporation [2026] NSWSC 767 Introduction The New South Wales Supreme Court’s decision in AB v Australian Broadcasting Corporation [2026] NSWSC 767 is an interesting authority on the protection of confidential electronic communications and the availability of interlocutory relief to restrain threatened media publication. The case […]

By : Joshua Weiler Jul 9, 2026 Comments Off

Case Alerts

Substantial changes on the horizon for Owners Corporation/Strata regulation in Victoria

By: Andrew Brennan, James Kefford and Allana McGrath Background The Victorian Government recently released its response to the Expert Panel Statutory Review of the Owners Corporations Act 2006 (Vic) (OC Act). The review and response come at a time when the importance of the owners corporation sector is rapidly increasing. Around one in five Victorians […]

By : Joshua Weiler Jun 19, 2026 Comments Off

Case Alerts

NSW class actions: the push to introduce GCO-equivalent arrangements

By: Amanda Beattie and Zoe Jones At a glance At present, Victoria remains the only Australian jurisdiction where contingency arrangements are available to plaintiff law firms through the Group Costs Order (GCO) regime, but that may change in light of NSW considering reforms. We take a look at the current position in NSW, the reforms […]

By : Joshua Weiler Jun 18, 2026 Comments Off

Case Alerts

Ward v Endeavour Coal Pty Limited: Key Implications for Insurers and General Liability Law

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 […]

By : Joshua Weiler Jun 12, 2026 Comments Off

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