Gawthorp v Bendigo Health [2026] VSC 157
By Louise Cantrill, Partner, Tamara James. Associate and Lachlan Wong, Paralegal
A Victorian Supreme Court and Court of Appeal ruling has confirmed that medical procedures performed without genuine, voluntary consent, particularly where hospital policies undermine a patient’s stated wishes, can give rise to liability in both battery and negligence.
Coker-Godson v Wangaratta Anglican Diocesan Corporations [2026] VSCA 72
By Stuart Eustice, Partner and Henry Van Til, Lawyer
Warning: This article contains descriptions of sexual abuse. The content may be distressing or triggering for some readers. Please take care when reading and consider whether this material is appropriate for you at this time.
A recent Victorian Court of Appeal decision underscores the high statutory barrier to subpoenaing a sexual abuse complainant’s confidential counselling records, reinforcing the strength of legislative protections and the strict approach courts must take before compelling disclosure.
Woolnough v Whittelsea City Council & Anor [2026] VSC 190
By Stuart Eustice, Partner, William Gordon, Senior Associate and Henry Van Til, Lawyer
A serious spinal injury case highlights that councils may be liable for failing to address even low‑level safety risks where repeated use elevates danger, with contributory negligence reducing, but not defeating, a $19 million damages claim.
Orange City Council v Willis [2026] NSWCA 51
By Nikki Cassar, Partner and Lucas Oraha, Lawyer
The NSW Court of Appeal has confirmed that councils cannot rely on statutory immunity where they have actual knowledge, express or inferred, of a specific roadside hazard, particularly where the risk could have been addressed by simple, low‑cost measures.
The Owners – Strata Plan No 31337 v Balacco [2026] NSWCA 50
By Nikki Cassar, Partner and Lucas Oraha, Lawyer
The NSW Court of Appeal has clarified that occupiers cannot rely on the “obvious risk” defence where a commonplace hazard is not objectively obvious to all users, particularly where simple, low‑burden measures such as visual warnings could have reduced the risk of injury.