Victoria’s Most Catastrophic Fire in 30 Years: A $9.68 Million Lesson in Broker Negligence 

Danbol Pty Ltd v ACN 007 198 343 Pty Ltd [2026] VSC 305

By David Slatyer, Partner and Charles Cooper, Paralegal

A recent Supreme Court of Victoria decision highlights the critical importance of brokers promptly communicating renewal and extension offers, confirming that liability may arise where cover would have been in place but for a broker’s negligence.

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After a ‘Win’ Below, ASIC Failed in its Subsequent Pursuit (appeal) on a Question of Whether a Pre-existing Condition Exclusion in a Life Insurance Policy was ‘Unfair’

Australian Securities and Investments Commission v HCF Life Insurance Company Pty Limited [2026] FCAFC 81

By David Slatyer, Partner and Tyra Zacka, Paralegal  

The Full Court has confirmed that misleading insurance policy wording does not automatically amount to an unfair contract term, reinforcing that courts require evidence of real consumer disadvantage when assessing unfairness.

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The Dominant Purpose of Providing Legal Advice: How (Not To) Retain Legal Professional Privilege Over Early Investigations

Smith (a pseudonym) v Gilchrist Connell Pty Ltd (a firm) [2026] QSC 122

By Bronwyn Ackland, Partner and Madison Hornabrook, Lawyer  

This decision highlights the importance of properly establishing legal professional privilege over documents held by non-parties, reinforcing the need for clear evidence to satisfy the dominant purpose test.

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WHS Prosecution Highlights Key Sentencing Factors for Employers 

Templeton v Parilla Premium Potatoes Pty Ltd [2026] SAET 42

By Grant Mitchell, Partner and Madison Hornabrook, Lawyer