Litigation, Investigations and Inquiries

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

Thought Leadership

Regulatory risk for health practitioners: Tasmania in focus

By: Isaac Buckland and Chris Spain Executive Summary Recent decisions from the Tasmanian Civil and Administrative Tribunal (Tribunal) reflect a tightening regulatory position, particularly in relation to professional boundaries, the power imbalance between health practitioners and other individuals, and cumulative governance failures. The Tribunal has shown limited tolerance for boundary drift, treating supervisory, educational and […]

By : Joshua Weiler Mar 24, 2026 Comments Off

Case Alerts

Court of Appeal finds trusts are criminally liable under HSWA: What are the implications for insurers?

By: Misha Heneghan, Richie Flinn, Neil Beadle, Matt Hutcheson and the WK Statutory Liability team. RH and JY Trust v WorkSafe New Zealand [2026] NZCA 12 The Court of Appeal has, by majority found that a trust, distinct from the individual trustees, can be prosecuted under the Health and Safety at Work Act 2015. The […]

By : Joshua Weiler Feb 24, 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

Case Alerts

Queensland Court of Appeal clarifies limits of vicarious liability for ancillary school staff

By: Paul Spezza, Cassandra Wills, Dominique Fordyce, Ashley Shuttleworth and Ellen Bobbermien BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 At a glance The Court of Appeal of Queensland has provided further clarification on when an employer will be vicariously liable […]

By : Joshua Weiler Feb 4, 2026 Comments Off

Thought Leadership

Federal or State? Understanding the Powers and Limits of Royal Commissions

By: Georgie Austin, Clare McNamara and Zoe Jones At a glance On 8 January 2026, the Governor-General issued draft Letters Patent establishing a Royal Commission on Antisemitism and Social Cohesion. The Commission has been tasked with addressing issues set out in its Terms of Reference, which are wide-ranging and encompass not only the terror event itself, […]

By : Joshua Weiler Jan 22, 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

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

Victoria Sentencing Advisory Council recommends a 400% increase in maximum penalties for breaching health and safety duties

By: Chris Spain, Laura Gavan and Petra Kolovos At a glance The Occupational Health and Safety Act 2004 (Victoria) (OH&S Act) is the primary workplace health and safety law governing Victorian workplaces. Importantly, it sets out the health and safety duties that employers owe to their employees, contractors, visitors and the public at large. On […]

By : Joshua Weiler Feb 28, 2025 Comments Off

Case Alerts

Litigation against climate change contributors to continue in New Zealand

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 […]

By : Anja Vogel Mar 1, 2024 Comments Off

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