Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87
By Sarah Fountain, Partner and Shawn Finnerty, Senior Associate
Healy v Nestlé Australia Limited [2026] VSCCA 171
By Stuart Eustice, Partner and Gregor Campbell, Associate
The Victorian Court of Appeal has upheld a jury verdict against Nestlé following a worker’s respiratory injury at its Wahgunyah facility, reinforcing the challenges employers face when appealing findings based on competing expert evidence. The decision highlights the importance of effective risk controls, ventilation systems, and chemical management processes in preventing workplace exposure incidents.
Cullen v New South Wales [2026] HCA 19
By Grant Mitchell, Partner and Madison Hornabrook, Lawyer
Can police be liable for injuries suffered by bystanders during a protest? The High Court’s decision in Cullen v New South Wales provides important guidance on the scope of police duties of care and how courts assess split-second decisions made in volatile situations.
Seymour Whyte Constructions Pty Limited v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2026] NSWCA 154
By David Slatyer, Partner and Tyra Zacka, Paralegal
A recent NSW Court of Appeal decision confirms that pollution liability policies may not cover asbestos management costs where those expenses arise from statutory or contractual obligations, rather than a defined “Pollution Condition” under the policy.
WorkSafe Victoria investigation concerning Godfrey Hirst Australia Pty Ltd
By Sarah Fountain, Partner
WorkSafe Victoria’s acceptance of an enforceable undertaking from Godfrey Hirst following a forklift incident that could have had serious consequences is consistent with an increasing willingness by some regulators to accept enforceable undertakings.