Shifting the Burden of Vicarious Liability: the Principle of Pro Hac Vice in Labour Hire Arrangements

Ward v Endeavour Coal Pty Limited [2026] NSWSC 557

By Leah Pryde, Partner and Gabrielle Croese, Associate

The Importance of Proving Economic Loss Beyond Incapacity

Fuchs v Coles Supermarkets Australia Pty Ltd [2026] NSWSC 948

By Tara Plumbe, Partner and Angus Lau, Lawyer

The NSW Supreme Court’s decision in Fuchs v Coles reinforces that proving long-term incapacity alone is not enough to recover substantial economic-loss damages, with plaintiffs needing clear evidence that their reduced earning capacity has resulted in an actual financial loss.

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“Behind the Wheel, Beyond the Corporate Veil” – Poor Processes Result in Director and Company Liability After Fatal Bus Crash

R v Linq Buslines Pty Ltd & Ors – Gosford Local Court, NSW, 26 August 2026

By Maurice Lynch, Partner, Amanda Lazarou, Senior Associate and Mousa Ayache, Paralegal  

A recent NSW decision serves as a stark reminder that directors can face personal liability under the HVNL where compliance systems exist on paper but fail in practice.

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Dismissal for Want of Prosecution: If at First You Don’t Succeed, Try, Try Again

S & P Gomes v Gannawarra Shire Council [2026] VSCA 211

By Stuart Eustice, Partner and Gregor Campbell, Associate   

This Court of Appeal decision highlights that while dismissal for want of prosecution remains a remedy of last resort, persistent delay and repeated non-compliance can ultimately prove fatal to a claim.

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Flooded by Liability: NSW Court of Appeal Clarifies Private Nuisance 

Hunter Water Corporation v The Owners of Strata Plan 16460 [2026] NSWCA 184 

By Tara Plumbe, Partner and Tara Haas, Associate

This significant Court of Appeal decision provides important guidance on private nuisance, reinforcing that defendants must take reasonable steps to minimise risks to neighbouring properties

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