Personal Injury - Wotton Kearney

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

Case Alerts

High Court expands ‘reasonableness’ test for home care in catastrophic injury claims

By: Scott Macoun, Natalie Orola, Isaac Buckland and Gigi Lynis Stewart v Metro North Hospital and Health Service [2025] HCA 34 At a glance The High Court of Australia has unanimously overturned a decision of the Queensland Court of Appeal in relation to a catastrophically injured plaintiff’s claim for damages for at-home care. The case […]

By : Joshua Weiler Sep 9, 2025 Comments Off

Articles

What is actual knowledge? Essential risk management strategies for councils

By: Lesley Woodmore, Sam McNally and Tenielle Corcoran Willis v Orange City Council [2025] NSWDC 208 Note: Wotton Kearney has prepared this as part of our Statewide Mutual Risks Conference 2025 coverage – be sure to visit us in Sydney. For more insights like this, explore our Local Government hub. Overview On 9 July 2020, […]

By : Joshua Weiler Aug 27, 2025 Comments Off

Articles

South Australian court sets new benchmark for historical abuse damages

By: Cheryl Phillips, Matthew Elson and Beljana Dally B P v K R & ANOR [2025] SASC 58 At a glance The Supreme Court of South Australia awarded the applicant $400,000 in general damages arising from sexual abuse she suffered at the hands of two respondents during her formative and adult years. This matter will […]

By : Joshua Weiler Aug 25, 2025 Comments Off

Articles

Court upholds hospital treatment despite alleged surgical delay

By: Trudi-Ann Mercurio Toon v Central Adelaide Local Health Network [2025] SADC 98 At a glance The South Australian District Court dismissed a medical negligence claim for damages against the Central Adelaide Local Health Network (CALHN) following treatment for compartment syndrome compounded by a closed brachial plexus injury. The Court found no breach of duty […]

By : Joshua Weiler Aug 18, 2025 Comments Off

Articles

NSW Court of Appeal confirms school’s duty of care extends beyond the bell

By: Greg Carruthers-Smith, Meisha Tjiong and Chad Farah State of New South Wales v T2 (by his tutor T1) [2025] NSWCA 165 At a glance In October 2017, a Year 9 student was violently assaulted by his peers shortly after the school bell, and outside school boundaries, sustaining significant injuries. The New South Wales Court of […]

By : Joshua Weiler Jul 28, 2025 Comments Off

Thought Leadership

State of the Nation 2025 Report: A guide to personal injury claims in Australia

Australia’s personal injury legislation creates a distinct legal landscape in each state – with every jurisdiction’s unique framework shaping your reserves, settlement approaches, and ultimate claims outcomes. That’s why we’ve released our State of the Nation Report for 2025, a resource that breaks down the procedural rules, limitation periods, assessment of damages and recent cases […]

By : Joshua Weiler Jul 3, 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

Whodunnit: Labour hire and vicarious liability

By: Angela Winkler and Chad Farah De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56 At a glance The Court of Appeal upheld that DMG was vicariously liable for the unidentified worker’s negligence, based on circumstantial evidence showing the worker was likely DMG’s direct employee. The Court overturned the trial judge’s finding and […]

By : Joshua Weiler Apr 9, 2025 Comments Off

Articles, Case Alerts

Defendant bears a heavy burden in proving unfair trial for successful stay applications

By: Greg Carruthers-Smith, Gemma Burke and Maria Canon RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 At a glance The High Court of Australia has allowed an appeal to set aside a judgment staying civil proceedings relating to alleged sexual abuse occurring in 1959/60. The death of the perpetrator and the […]

By : Joshua Weiler Dec 3, 2024 Comments Off

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