Commercial Litigation - Wotton Kearney

Thought Leadership

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 […]

By : Joshua Weiler Apr 8, 2026 Comments Off

Case Alerts

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 […]

By : Joshua Weiler Apr 1, 2026 Comments Off

Thought Leadership

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 […]

By : Joshua Weiler Mar 31, 2026 Comments Off

Case Alerts

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) […]

By : Joshua Weiler Mar 13, 2026 Comments Off

Case Alerts

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

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 : Joshua Weiler Feb 11, 2026 Comments Off

Articles

New public interest defence tested in landmark Federal Court decision

By: Richard Leder and Isabelle Ferrali Al Muderis v Nine Network Limited In a landmark decision, the Federal Court of Australia has sent a clear message to plaintiffs: think very carefully before embarking on a defamation suit. Background and details of the Al Muderis v Nine Network Limited case Last Friday afternoon, 8 August 2025, […]

By : Joshua Weiler Aug 11, 2025 Comments Off

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

Search