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: 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: Amanda Beattie, Jonathon Ferraro and Madeleine Wright Byrnes v Origin Energy (No 2) 2026 VSC 97 Another first for the Victorian GCO regime In a judgment delivered by Justice Waller on 11 March 2026, the Supreme Court of Victoria determined the first application to amend a Group Costs Order (GCO) pursuant to s 33ZDA(1) […]
By: Misha Heneghan, Richie Flinn, Neil Beadle, Matt Hutcheson and the WK Statutory Liability team. RH and JY Trust v WorkSafe New Zealand [2026] NZCA 12 The Court of Appeal has, by majority found that a trust, distinct from the individual trustees, can be prosecuted under the Health and Safety at Work Act 2015. The […]
By: Meisha Tjiong, Cindy Lim and William Yeo AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle This morning the High Court of Australia delivered a significant judgment expanding the principles of non-delegable duties and having wide-ranging impact for child abuse claims. Background AA commenced proceedings in the Supreme Court of NSW seeking damages from the Diocese of Maitland-Newcastle (Diocese) arising from […]
By: Richard Leder, Michelle Rich and Rhyse Collins Dougan v Trustees of the Marist Brothers [2025] VCC 1663 At a glance On 17 November 2025, Her Honour Judge Bourke of the County Court of Victoria delivered her judgment in Dougan v Trustees of the Marist Brothers [2025] VCC 1663, confirming that defendants who make sensible […]
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: 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: 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: 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 […]
