Case Alerts - Wotton Kearney

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

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, Katie Kyung and Klara Vrdoljak 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 […]

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

Articles, Case Alerts

Davis v Wilson: The bar for successful shareholder class actions gets higher and higher

By: Amanda Beattie and Zoe Jones At a glance Following its decisions in other shareholder class actions late 2023 and 2024, the Federal Court has handed down yet another unfavourable decision for shareholders (Davis v Wilson [2025] FCA 108). The claim alleged that Quintis’ CEO, Frank Wilson, and its auditor, Ernst & Young, engaged in […]

By : Joshua Weiler Feb 26, 2025 Comments Off

Articles, Case Alerts

Successful ‘declassing’ application in Waller Legal class action: Implications for institutional defendants?

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance The Supreme Court of Victoria has granted an application made by a defendant (Waller Legal) for a claim to no longer proceed as a group proceeding. The claim made by the lead plaintiff, Jane Jones (a pseudonym) alleged that Waller Legal breached its duty […]

By : Joshua Weiler Feb 20, 2025 Comments Off

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