Articles, Case Alerts

Breaking down the Cyber Security Act 2024 and amendments to the SOCI Act

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance The new Act strengthens safeguards for individuals, businesses, and critical infrastructure, enhancing Australia’s resilience to cyber threats. Businesses must report significant cyber incidents, including ransomware demands and payments, ensuring improved visibility and coordinated responses. The act updates standards for IoT devices, expands critical infrastructure […]

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By : Nov 26, 2024 Comments Off on Breaking down the Cyber Security Act 2024 and amendments to the SOCI Act
Articles, Case Alerts

One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes

By: Jonathan Maher and Ben Kelly At a glance The Claimant issued a judicial review application to challenge the Medical Panel’s decision that his knee impairment stemmed from pre-existing conditions, not a fall. The Victorian Supreme Court upheld the Panel’s decision, rejecting the Claimant’s argument that section 28LL(3) of the Wrongs Act 1958 (Vic) contains […]

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By : Nov 25, 2024 Comments Off on One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes
Case Alerts

Breaking: Historic decision handed down by the High Court of Australia

At a glance This morning the High Court of Australia handed down three groundbreaking judgments in the institutional abuse space – Bird v DP, RC v Salvation Army (WA) Property Trust and Willmot v State of QLD. These decisions will have a significant impact on the ability of abuse survivors to recover damages and will […]

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By : Nov 13, 2024 Comments Off on Breaking: Historic decision handed down by the High Court of Australia
Articles, Case Alerts

Tort of privacy recognised in Australia

By: Patrick Thompson At a glance In Lynn Waller v Romy Barrett [2024] VCC 962, the plaintiff successfully argued that the defendant breached her confidences and invaded her privacy by disclosing private details from counselling sessions to media outlets, leading to damages awarded. Judge Tran recognised a distinct cause of action for invasion of privacy […]

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By : Oct 30, 2024 Comments Off on Tort of privacy recognised in Australia
Case Alerts

Subrogation in focus: New Zealand law reinforced by England and Wales Court of Appeal decision

By: Peter Leman, Charles Henley and Caitlin Barclay Royal & Sun Alliance Insurance PLC v Textainer Group Holdings Ltd The recent England and Wales Court of Appeal decision in Royal & Sun Alliance Insurance PLC v Textainer Group Holdings Ltd reinforces the current position of New Zealand law on subrogated recoveries. The Court of Appeal rejected […]

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By : Oct 16, 2024 Comments Off on Subrogation in focus: New Zealand law reinforced by England and Wales Court of Appeal decision
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Jury rolled in Lawyer X trial: Victorian Supreme Court provides a refresher on applications for trial by judge alone

By: Richard Leder, Jacquie Goodwin, Blake Pappas and George Kift Gobbo v State of Victoria [2024] VSC 603 At a glance On 23 September 2024, the State of Victoria successfully removed the jury in Nicola Gobbo’s civil trial. In his written reasons delivered on 26 September 2024, Keogh J confirmed that notoriety and publicity are […]

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By : Oct 8, 2024 Comments Off on Jury rolled in Lawyer X trial: Victorian Supreme Court provides a refresher on applications for trial by judge alone
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Queensland dust decisions signal rising damages

By: Cassandra Wills Though the use of asbestos in Australia was phased out approximately 40 years ago, dust claims have been a topical issue recently due to the rush of silicosis claims arising out of exposure to engineered stone. Whilst dust claims are certainly not a new area for personal injury claims, three recent decisions […]

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By : Jul 31, 2024 Comments Off on Queensland dust decisions signal rising damages
Case Alerts

Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal

By: Richard Flinn and Laura Glasson Rea v Auckland Council [2024] NZCA 313 In the recent decision of Rea v Auckland Council [2024] NZCA 313, the Court of Appeal provides a useful analysis of the elements required to assess when time starts to run for the purpose of assessing limitation, and in particular, for the […]

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By : Jul 30, 2024 Comments Off on Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal
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Court of Appeal clarifies whether provision of an expert’s opinion is a misrepresentation

By: Richard Flinn and Isaac Black Ruth Renton Weine and Michael David Hofmann-Body as Trustees of the Ruth Weine Family Trust v Tadd Management Limited [2024] NZCA 323 At a glance The Court of Appeal has released a decision that provides helpful clarification for professionals as to the actionability of statements of opinion. Overturning the […]

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By : Jul 30, 2024 Comments Off on Court of Appeal clarifies whether provision of an expert’s opinion is a misrepresentation
Case Alerts

Stay applications in a post-GLJ world

By: Richard Leder, Samantha Saad and Michelle Rich Domenic Colbert (a pseudonym) v Trustees of the Christian Brothers [2024] VSC 309 At a glance On 13 June 2024, the Supreme Court of Victoria delivered its decision in Domenic Colbert (a pseudonym) v Trustees of the Christian Brothers [2024] VSC 309, dismissing the defendant’s application for a […]

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By : Jun 27, 2024 Comments Off on Stay applications in a post-GLJ world

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