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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

‘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 […]