Clements v Margalit & Ors [2025] QDC 197
By David Slatyer, Partner and Oliver Crowther-Wilkinson, Law Clerk
Can a claimant’s overseas holidays and social media posts undermine a personal injury claim? This recent decision shows how courts are compelling disclosure where post-accident activities don’t match the injuries alleged.
Hartfield v Calvary Healthcare ACT Ltd (No 4)[2025] ACTSC 488 (31 October 2025)
By Bronwyn Ackland, Partner and Poppy Scaife, Paralegal
A recent ACT Supreme Court decision underscores how discharge decisions in early pregnancy presentations can expose hospitals to liability, even where causation limits recovery.
Motor Accident Commission v Raccanello & Ors [2025] SASCA 146 (22 December 2025)
By Bronwyn Ackland, Partner and Cindy Ting, Special Counsel
The South Australian Court of Appeal has delivered an important decision clarifying the proper assessment of damages in CTP injury claims, significantly reducing a $2.2 million award and reaffirming settled principles on causation, per quod claims and recoverable losses.
Kurtz & Son Development (Nominees) Pty Ltd v Jankie [2025] VSC 817
By Stuart Eustice, Partner and Rory MacDonald, Associate
A recent Supreme Court of Victoria decision arising from a long-running family trust dispute highlights how difficult it is to remove a party’s chosen lawyers for alleged conflicts of interest. The Court confirmed that suspicion or the prospect of a lawyer giving evidence is not enough. Clear, concrete conflict must be shown.
Victor Susman v Lindy Allen [2025] VSC 276
By Stuart Eustice, Partner and Ashleigh Shankly, Lawyer
The Victorian Court of Appeal has reaffirmed the high threshold for judicial recusal, rejecting an application alleging apprehended bias based on a judge’s case management and interlocutory rulings. The Court held that adverse decisions alone will rarely establish bias and that a fair-minded observer would view the judge’s conduct as impartial.
Dermatology & Cosmetic Surgery Services Pty Ltd v Nichols [2025] VSCA 328
By Stuart Eustice, Partner and Jon Gillard, Senior Associate
The Victorian Court of Appeal has clarified when service of Part VBA certificates under the Wrongs Act is effective, holding that emailing documents to a respondent’s solicitors who filed a Notice of Appearance did not constitute valid statutory service. The decision reinforces the distinction between court rule service and service required by statute.