By: Richard Leder, Simone Tagliaferro, and Rhyse Collins Comensoli v WQA (a pseudonym) [2024] VSCA 104 At a glance The Victorian Court of Appeal has ruled that social security payments received by a plaintiff are not to be taken into account in quantifying economic loss, even when those payments are not repayable to the Commonwealth. […]
By: Richard Leder, Samantha Saad and Michelle Rich HM (a pseudonym) v Sister Mary Monaghan [2024] VSC 257 At a glance In the first judgment of its kind regarding the construction of s32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 (the EMPA), the Victorian Supreme Court ruled that in circumstances where a protected person consents […]
By: Aisha Lala, James Cooper and Merinda Stewart At a glance Last month, the Federal Court of Australia (FCA) handed down a judgment1 examining the liability of Qatar Airways, among others, for the invasive examinations of several Australian passengers at Doha Airport in October 2020, following the discovery of a newborn baby abandoned in the […]
By: Jonathan Maher and Arriane Garcia Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429 At a glance In the decision of Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429, the County Court of Victoria has […]
By: Andrew Moore and Marcus Saw Absolute Tiling Solutions Pty Ltd v Certain Underwriters at Lloyds At a glance The decision of the Supreme Court of New South Wales in Absolute Tiling Solutions Pty Ltd v Certain Underwriters at Lloyds [2024] NSWSC 364 is a useful example of how a court grapples with the design […]
By: Cain Jackson, Edward O’Brien and Samantha Younane Introduction Almost 3 years after the unfair contract terms (UCT) regime1 was expanded to “consumer”2 and “small business”3 insurance contracts, the decision of Australian Securities and Investments Commission v Auto & General Insurance Company Limited4 provides some guidance and clarity as to how the UCT provisions operate in an insurance context. […]
By: Richard Leder OAM and Chris Lawrance Bird v DP (A Pseudonym) At a glance In 2020, DP commenced proceedings claiming damages arising from sexual assaults committed by a Catholic Priest, Father Bryan Coffey, at the home of DP’s parents in Port Fairy in 1971. At first instance, Justice Jack Forest held that the Diocese was […]
By: Richard Leder OAM, Blake Pappas and Deniz Coskundag AB (A Pseudonym) & Anor v Independent Broad-Based Anti-Corruption Commission [2024] HCA 10 At a glance On 13 March 2024, the High Court of Australia delivered a judgment involving IBAC’s obligations under s 162(3) of the IBAC Act 2011 (Cth) regarding the disclosure of “adverse material”. […]
By: Matt Booth, Peter Leman and Isaac Black At a glance Lady Hale of the United Kingdom Supreme Court once warned that while the common law is a “dynamic instrument” able to develop and adapt, this too invites a “danger of unbridled and unprincipled growth to match what the court perceives to be the merits […]
By: Antony Holden, Michael Cavanaugh and Phoebe Nikolaou At a glance On 7 February 2024, the Supreme Court of New Zealand released its highly anticipated judgment in Smith v Fonterra. It addressed whether a private civil claim against companies seeking to address climate change could continue. This is an important decision for companies and their […]
