Commercial Litigation - Wotton Kearney

Articles

Federal court rules no duty of care to Torres Strait Islanders in landmark climate case

By: Amanda Beattie, James Clohesy and Clare McNamara Justice Wigney delivered his judgment in Pabai Pabai v Commonwealth of Australia (Pabai) yesterday, an important decision in the context of climate change litigation in Australia and for government agencies across the country. Pabai was brought as a class action on behalf of all Torres Strait Islanders alleging […]

By : Joshua Weiler Jul 16, 2025 Comments Off

Articles

Is the new tort for serious invasion of privacy relevant to Government?

By: Clare McNamara and John McPherson From 10 June 2025, serious invasions of privacy are actionable as a new statutory tort in Australia. The new tort was introduced by addition of a new Schedule 2 to the Privacy Act 1988 (Cth). Note that Schedule 2 was inserted into the Privacy Act 1988 by the Privacy and Other […]

By : Joshua Weiler Jun 20, 2025 Comments Off

Articles

New tort of serious invasion of privacy

By: Richard Leder, Georgie Austin, Nicole Gabryk, Zoë Burchill and Isabelle Ferrali At a glance From 10 June 2025, serious invasions of privacy will become legally actionable in Australia. This marks a major reform, introducing a new privacy tort that allows individuals to bring claims for either intrusions upon seclusion (such as unauthorised surveillance) or […]

By : Joshua Weiler Jun 6, 2025 Comments Off

Thought Leadership

Future Proof ‘25: Insurance and risk insights across Asia-Pacific

The future of insurance and risk in Asia-Pacific is here, and rapidly evolving. Are you ready? In a world marked by rapid technological advancement, innovation, evolving regulatory demands and increasing complexity across multiple risk sectors, Future Proof ’25 examines the diverse forces reshaping insurance and business landscapes. This report highlights emerging trends and critical challenges […]

By : Joshua Weiler May 22, 2025 Comments Off

Articles, Case Alerts

Federal Court judge finds John Pesutto defamed Moira Deeming

By: Georgie Austin and Deniz Coskundag Deeming v Pesutto (No 3) [2024] FCA 1430 At a glance Parliamentary Member Ms Moira Deeming was awarded $300,000 in damages after the Federal Court ruled that she was defamed by a series of statements and media interviews made by Victorian Opposition Leader Mr John Pesutto, following a rally […]

By : Joshua Weiler Dec 17, 2024 Comments Off

Articles, Case Alerts

Victorian Court of Appeal allows Western Bulldogs’ appeal against damages award

By: Richard Leder, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to $2.6 million. The […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles

Hawthorn Football Club settles litigation with Indigenous former players and their partners

By: Georgie Austin and Deniz Coskundag Rioli & Ors v Hawthorn Football Club Ltd (Proceeding No. VIC728/2024) At a glance Hawthorn Football Club has settled its Federal Court proceeding with Indigenous former players, and their partners, in a claim of historic mistreatment and racial discrimination during their time at the Club. The Club published a […]

By : Joshua Weiler Nov 22, 2024 Comments Off

Articles

High Court rejects extending vicarious liability beyond employment

By: Richard Leder OAM, Sean O’Connor, Rhyse Collins and Deniz Coskundag Bird v DP [2024] HCA 41 | View previous article summarising the decision At a glance The High Court unanimously found that the Diocese of Ballarat was not vicariously liable for the tortious conduct of one of its priests against the respondent when he […]

By : Joshua Weiler Nov 21, 2024 Comments Off

Articles

Criminal trial pending as High Court rejects immunity claim of ATO whistleblower

By: Georgie Austin, Natasha Chand and Madeleine Wright At a glance The High Court of Australia refused whistleblower Richard Boyle’s request for an extension to file an appeal challenging his criminal charges related to ATO disclosures. The Court found Boyle’s appeal had insufficient prospects of success, upholding a previous decision that denied him statutory immunity […]

By : Joshua Weiler Nov 12, 2024 Comments Off

Articles

Limitation period for statutory building warranty claims

By: Bill Conor and Julian Amato At a glance The court reaffirmed that claims for building defects made pursuant to the statutory warranties under section 32 of the Building Work Contractors Act 1995 (SA) must be filed within a strict 5-year period from practical completion, emphasising the Act’s balance between builder and homeowner interests. The 10-year […]

By : Joshua Weiler Nov 5, 2024 Comments Off

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