Insurance in MOtion June 2025

Welcome to Insurance in MOtion! We're excited to share the latest insights and updates with you.
June 5 2025

The Purpose of Lawyers in Cyber Incident Response Should be Predominant

McClure v Medibank Private Limited [2025] FCA 167

By Jason Symons, Partner, Carolyn Nguyen Lawyer, Mitchell-Riley Meijer, Incident Reponse Manager and Max Feng, Lawyer

Following the October 2022 data breach, the Federal Court recently handed down its decision in McClure v Medibank on whether Medibank could claim privilege over all expert reports and communications related to its response.

Read more here.

Application for Special Leave to Appeal Refused by the High Court with Costs

Sawyer v Steeplechase Pty Ltd [2024] QSC 142

By David Slatyer, Partner and Nica Manosca, Lawyer

Mills Oakley previously successfully defended the personal injury claim by Mr Luke Sawyer in the Supreme Court of Queensland; Sawyer v. Steeplechase Pty Ltd [2024] QSC 142.

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Septic Tank Negligence Claim Examined: Turner Alleges Illness from Faulty Installation 

Turner v Norwalk Precast Burial Systems Pty Ltd [2025] VSCA 94

By Stuart Eustice, Partner and Ashleigh Shankly, Lawyer 

Mr Turner (the applicant) bought proceedings against Norwalk Precast Burial Systems Pty Ltd (respondent) alleging that the installation and maintenance of a septic tank at his home caused him to contract Helicobacter pylori, a type of bacteria that infects the stomach. Turner alleged that Norwalk had negligently failed to supply an ‘aerator arm’ for the septic system, which led to its malfunction.

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One Voice, One Trial: Cross-Vesting to Protect Survivors

B v Missionaries of the Sacred Heart [2025] ACTSC 144

By Lisa Quilty, Partner and Anais Scott, Paralegal

In circumstances where the identity of the alleged abuser is the same in multiple proceedings, and each case is temporally proximate and involves a similar modius operandi of abuse, the Court is likely to order a transfer of proceedings in the interests of justice.

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Trash or Treasure: What’s important in discovery?

Omran v AAI Ltd [2025] ACTSC 150

By Lisa Quilty, Partner and Gina Harrison, Paralegal

Amidst proceedings relating to compensation for rainstorm damage to roof tiling, the plaintiff made an application for orders that the first and second defendants provide further and better discovery and the upcoming hearing be vacated.

Read more here.

Australian Courts Grapple with Generative AI in Court Proceedings

Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (AI)

By Lisa Egan, Partner and Myrna Taouil, Special Counsel

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

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Landmark Damages Award in Historical Abuse Case: South Australian Court Breaks New Ground on Non-Economic Loss

B P v K R & Anor [2025] SASC 58 [7 May 2025]

By Grant Mitchell, Partner, Dillon Olliver, Senior Associate and Lily Dyson, Paralegal

Warning: This article contains descriptions of historical abuse, including references to physical, emotional, and 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.

This case presents a significant departure from previous decisions in South Australian historical abuse claims in relation to the assessment of damages for non-economic loss.  Specifically, the award for non-economic loss in this matter was significantly higher than amounts previously awarded for similar matters in the State.

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A snapshot of registered health practitioner misconduct Victoria

By Stuart Eustice, Partner and Zoe Vlahogiannis, Lawyer

A snapshot of registered health practitioner misconduct in Victoria.

Read more here.