Bird v DP (a Pseudonym) [2024] HCA 41
By Nikki Cassar, Partner
The ACT has passed new legislation addressing the High Court’s decision in Bird v DP, introducing broader organisational liability for child abuse.
Pentridge Village Pty Ltd (in liq) (recs and mgrs appted) v Capital Finance Australia Ltd [2025] VSCA 290
By Stuart Eustice, Partner and Rory MacDonald, Associate
The Victorian Court of Appeal recently considered whether a long-running proceeding should be dismissed for want of prosecution, highlighting the serious consequences of prolonged and unjustified litigation delays.
Environment Projection Authority v Veolia Recycling & Recovery Pty Ltd [2025] VSC 696
By Sarah Fountain, Partner and Adiam Tsegay, Senior Associate
The Supreme Court of Victoria has approved a major settlement in one of the EPA’s earliest civil penalty proceedings under the Environment Protection Act 2017, underscoring the regulator’s increasing focus on licence compliance and significant penalties for poor environmental risk management.
Helicopter Aerial Surveys Pty Ltd v Insurance Australia Pty LTD (NO 2) [2025] FCA 1360
By Bronwyn Ackland, Partner and Poppy Scaife, Paralegal
The Federal Court has clarified how faulty workmanship exclusions apply where defective work leads to consequential damage, underscoring the limits of insurers’ reliance on exclusion clauses and the evidentiary burden required to deny indemnity.
Kekatos Lawyers v Dana Rahme [2025] NSWSC 1320
By Louise Cantrill, Partner, Tamara James, Associate and Isabella Gerardi, Lawyer
Walton J has delivered the latest decision in the long-running dispute between Dana Rahme and her former solicitors, finding her cross-claim to be an abuse of process due to pleadings inconsistent with her own evidence and prior Court determinations.
Surman v Gateway Lawyers (A Firm) [2025] QSC 287
By Louise Cantrill, Partner, Tamara James, Associate and Isabella Gerardi, Lawyer
Cooper J of the Supreme Court of Queensland has handed down judgment in Surman v Gateway Lawyers, a claim brought by the trustee of the KJM Family Trust against the firm for advice provided to the former trustee on the purchase of a residential unit.
R Lawyers v Mr Daily & Anor [2025] HCA 41
By Louise Cantrill, Partner, Tamara James, Associate and Isabella Gerardi, Lawyer
A recent High Court decision in an appeal brought by Mr Daily (a pseudonym) against his former solicitors provides firm guidance on when loss crystallises and how to prove the counterfactual in solicitors’ negligence claims.