Private credit’s reckoning: why governance failures are becoming the real risk for AFSL holders and directors

By: Suzanne Craig and Thomas Cavanagh The collapse of Shield, First Guardian and property developer Bathla has transformed private credit from an investment story into a governance story. Suzanne Craig and Thomas Cavanagh examine ASIC’s emerging enforcement strategy, the growing exposure of AFSL holders and directors, and the implications for D&O and professional indemnity insurers. […]

Privacy at a crossroads: Australia’s new tort awaits its defining case

By: Richard Leder and Isabelle Ferrali Introduction For decades, Australian privacy law was characterised as much by what it did not protect as by what it did. Unlike the United Kingdom, Australia had no generally recognised cause of action allowing an individual to sue simply because another person had invaded their privacy or misused their […]

New Zealand Court of Appeal clarifies trustee discretion and duty of care

By: Mathew Francis, Rebecca Scott, James Dymock and Alison Cupples Perpetual Trust Ltd v Cooke [2026] NZCA 349 Background Mrs Cooke died in March 2017. Her two adult children (Mr Cooke and Mrs Panhuis) were the original executors of the estate and trustees of the testamentary trusts established by her will. The estate’s main assets […]

Bondi Icebergs founder Maurice Terzini, Nine and the new privacy tort

By: Leah Mooney, Georgie Austin and Isabelle Ferrali Introduction Bondi Icebergs founder Maurice Terzini has commenced proceedings in the NSW Supreme Court against Nine Entertainment and his former wife, Emma Addams, in what could be the first substantial case invoking the newly legislated tort of serious invasion of privacy. According to the statement of claim, Terzini […]

Substantial changes on the horizon for Owners Corporation/Strata regulation in Victoria

By: Andrew Brennan, James Kefford and Allana McGrath Background The Victorian Government recently released its response to the Expert Panel Statutory Review of the Owners Corporations Act 2006 (Vic) (OC Act). The review and response come at a time when the importance of the owners corporation sector is rapidly increasing. Around one in five Victorians […]

From global trends to regulatory reality: regulatory and risk implications of climate change

By: Amanda Beattie, Charu Stevenson and Zoe Jones Overview In the first two articles in this series (here and here), we examined the rapid expansion of climate-related litigation globally and traced how those international developments are reshaping the Australian litigation landscape. Climate litigation is no longer confined to environmental approvals or public law challenges, but […]

Finality in litigation: Federal Court dismisses oppression claim as abuse of process

By: Bill Conor and Lachlan Milligan Slater v Ecosol Pty Ltd [2026] FCA 208 At a glance On 5 March 2026, the Federal Court of Australia summarily dismissed an oppression claim brought by Mr Matthew Slater, a minority shareholder in Ecosol Pty Ltd, against the company and two of its directors, Mr Jeffrey Smith and […]

Class Actions in Focus: Defining Decisions in 2025 and Trends to Watch

Over 1,000 class actions filed, $1.5 billion in settlements, and a landmark Robodebt settlement that made history. 2025 was a milestone year for class actions in Australia, and 2026 is shaping up to be just as consequential. Our class actions experts unpack some key developments and trend themes in their latest article – Class Actions […]

Another first for the Victorian GCO regime: Varying a Group Costs Order

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) […]

Costs consequences of sensible offers and the limits of post-verdict challenges

By: Richard Leder and Michelle Rich 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 offers of […]