Case Alerts - Wotton Kearney

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

Case Alerts

The unobvious risk: NSW Court of Appeal finds an unmarked speed hump was not an “obvious risk”

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 : Joshua Weiler May 26, 2026 Comments Off

Case Alerts

‘So unreasonable’: Supreme Court of Queensland confirms scope of s 36 protection

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 : Joshua Weiler May 13, 2026 Comments Off

Case Alerts

When AI goes to court: lessons from Jones v Family Court at Whangārei

By: Antony Holden Jones v Family Court at Whangārei [2026] NZSC 1 The New Zealand Supreme Court’s decision in Jones v Family Court at Whangārei [2026] NZSC 1 is a sharp reminder that artificial intelligence, left unchecked, can turn Court submissions into a professional liability event. Although the case involved a self-represented litigant, the Court’s […]

By : Joshua Weiler May 5, 2026 Comments Off

Case Alerts

‘Direct claims’ down the drain: Much needed clarity on the Licensed Plumbers General Insurance Order

By: Stuart Moore, Nicholas Graham and Taylor Mullins O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 The recent Victorian Court of Appeal’s decision in O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 provides much needed clarity on the oft-misunderstood Licensed Plumbers General Insurance Order 2002 (Vic) (Ministerial Order) – a Victorian […]

By : Joshua Weiler May 1, 2026 Comments Off

Case Alerts

Finality in litigation: Federal Court dismisses oppression claim as abuse of process

By: Bill Conor and Lachlan Milligan Slater v Ecosol Pty Ltd [2026] FCA 208 At a glance On 5 March 2026, the Federal Court of Australia summarily dismissed an oppression claim brought by Mr Matthew Slater, a minority shareholder in Ecosol Pty Ltd, against the company and two of its directors, Mr Jeffrey Smith and […]

By : Joshua Weiler Apr 1, 2026 Comments Off

Case Alerts

Drawing the line: aggregation, ambiguity and strict liability

By: Marcus Saw and Romel Tallow Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 At a glance The decision of the Supreme Court of Victoria in Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 (16 March 2026) is a salient reminder […]

By : Joshua Weiler Mar 23, 2026 Comments Off

Case Alerts

ASIC’s case against the directors of Star Entertainment: directors’ duties through a modern lens

By: Yen Seah and Bella Marazita ASIC v Bekier (Liability Judgment) [2026] FCA 196 If you read nothing else, read this: The Federal Court’s 500-page liability judgment in ASIC v Bekier delivers a clear message for directors and officers: passive oversight is not enough. Executives must escalate serious risks – failing to act on red flags can breach […]

By : Joshua Weiler Mar 17, 2026 Comments Off

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