Case Alerts - Wotton Kearney

Case Alerts

Protecting Commonwealth Workers: The Commonwealth Workplace Protection Orders Scheme

By: Kirsty Easdale and Chelsea Leet At a glance From 6 May 2026, Commonwealth agencies can apply directly to Courts for workplace protection orders to protect workers from personal violence connected to their duties, removing the need for staff to seek state-based orders themselves. The scheme has broad application (including against members of the public […]

By : Joshua Weiler Feb 5, 2026 Comments Off

Case Alerts

Queensland Court of Appeal clarifies limits of vicarious liability for ancillary school staff

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 : Joshua Weiler Feb 4, 2026 Comments Off

Case Alerts

Technology disputes in focus: The debate over AI and copyrighted content

By: Stephen Morrissey, Christy Mellifont and Katie Kyung GEMA v OpenAI In our Technology Disputes in Focus series, WK’s Cyber Privacy & Technology team provides updates on the latest developments in technology disputes. Following a recent German decision involving OpenAI, this second edition explores potential liability for AI providers for copyright infringement and compares international and […]

By : Joshua Weiler Dec 3, 2025 Comments Off

Case Alerts

Kapila: Proportionate liability not available for s37 DBPA claims

By: Marcus Saw and Tobias Campbell Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306 At a glance In late 2024, in a split 4:3 decision in Pafburn Pty Ltd v The Owners—Strata Plan No 84764 (HCA Decision), the High Court dismissed an appeal from The Owners—Strata Plan No 84674 v Pafburn Pty Ltd […]

By : Joshua Weiler Nov 11, 2025 Comments Off

Case Alerts, Thought Leadership

Quantum in construction claims is on the rise: Key factors and ways to mitigate

By: Wes Rose and Sarah Metcalfe Introduction Despite construction inflation settling in the years immediately following the COVID-19 pandemic, construction inflation is again increasing across Australia.1 In addition to construction inflation increases, we are also seeing an increase in the quantum of construction claims. Various factors are contributing to this, including labour shortages, the ongoing shortage […]

By : Joshua Weiler Nov 3, 2025 Comments Off

Case Alerts

Technology Disputes in Focus: ACCC challenges Microsoft on AI Pricing

By: Stephen Morrissey, Christy Mellifont and Katie Kyung Australian Competition and Consumer Commission v Microsoft Corporation & Anor In this new series, WK’s Cyber Privacy & Technology team will provide updates on the latest developments in technology disputes. This first edition concerns the issuing of proceedings in Australian Competition and Consumer Commission v Microsoft Corporation & […]

By : Joshua Weiler Oct 29, 2025 Comments Off

Case Alerts

Assessing underpayment risk for salaried employees: Is your business compliant?

By: Laura Gavan and Kirsty Easdale Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092 The Federal Court of Australia has delivered a significant decision in Fair Work Ombudsman v Woolworths Group Limited; […]

By : Joshua Weiler Oct 24, 2025 Comments Off

Case Alerts

High Court expands ‘reasonableness’ test for home care in catastrophic injury claims

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 : Joshua Weiler Sep 9, 2025 Comments Off

Case Alerts

NZIV v Kenny: The latest word from the Valuers Board of Appeal on conflict of interest

By: James Dymock and Victoria Waalkens Kenny v NZIV [2025] NZDC 17928 On 18 August 2025, the Valuers Board of Appeal (VBOA) allowed Mr Kenny’s appeal against the decision of the Valuers Registration Board (VRB), which found that he acted in a conflict of interest. A great result for Mr Kenny, who spent nearly six […]

By : Joshua Weiler Sep 9, 2025 Comments Off

Articles, Case Alerts

Are prior circumstances a thing of the past?

By: Thomas Cavanagh and Gina Groskops Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 At a glance The Full Federal Court has overturned the decision of Justice Lee1 and confirmed that Allianz Australia Insurance Limited (Allianz) was entitled to decline indemnity to Uniting Church in Australia Property Trust (NSW) (UCPT) for […]

By : Joshua Weiler Feb 27, 2025 Comments Off

Search