Insurance in MOtion March 2025

Welcome to Insurance in MOtion! We're excited to share the latest insights and updates with you.
March 4 2025

Plaintiff’s appeal dismissed – principal contractor not liable

By David Slatyer, Partner and Nica Manosca, Solicitor

On 24 January 2025, the Queensland Court of Appeal dismissed an injured plaintiff’s appeal against a principal contractor, regarding a back injury he suffered while performing concreting work for a subcontractor.

Read more, here.

Waiver of privilege requires an intentional act – Australian Securities and Investments Commission v Macleod [2024]

By Louise Cantrill, Partner, and Jack Robson, Law Graduate

In this Full Federal Court appeal, the court had to decide legal professional privilege had been waived over a PwC report that was provided by Noumi Ltd (Noumi) to the Australian Securities and Investment Commission (ASIC).

Read more, here.

Appeal of the 1 million dollar hot chip pay out –  Tabloid Pty Ltd v Pringle [2024] WASCA 152

By Rebecca Roberts, Partner

You will recall our case overview back in 2023 concerning Ms Pringle who had ordered hot chips which had been contaminated with caustic soda. Tabloid filed an appeal challenging the award of damages to Ms Pringle, specifically with regard to past economic loss, interest and future economic loss. There were three grounds of appeal.

Read more, here.

A Win for the Landlords, and for our client, and the Application of the Principles on Double Compensation Discussed in the ACT Supreme Court – Pavey-Dray v Weomany Pty Ltd trading as Zaab Braddon [2025] ACTSC 65

By Matthew Skelly, Senior Associate and Michael Down, Partner

We were recently involved in a claim which proceeded to contested hearing and judgment in the Supreme Court of the Australian Capital Territory.

Read more, here.

Costs in a Meritless Appeal: The Impact of Self-Representation – Kaur v RMIT [2024] VSCA 299

By Stuart Eustice, Partner and Lidia Martinez Chavez, Lawyer

In a recent Court of Appeal ruling, the Court dismissed Ms Dilpreet Kaur’s (the Applicant) leave to appeal against RMIT (the Respondent) determining it was “totally without merit” under section 14D(3) of the Supreme Court Act 1986.

Read more, here.

The Court’s cautious approach to exercising the parens patriae jurisdiction: reluctance to impose the invasive means of treatment – Secretary of the Department of Families, Fairness and Housing v Beverley Hage (A Pseudonym) [2025] VSC 18

By Tamara James, Lawyer and Jack Robson, Law Graduate  

In a recent decision before Justice Harris of the Victorian Supreme Court, the Court’s cautious approach to exercising the parens patriae jurisdiction was further illustrated, particularly where the orders sought to involve ‘forceful’ means of restraint.

Read more, here.

A snapshot of registered health practitioner misconduct in Victoria

By Stuart Eustice, Partner and Zoe Vlahogiannis, Lawyer 

In this article, Melbourne Insurance Partner Stuart Eustice and lawyer Zoe Vlahogiannis provide a snapshot of key cases of registered health practitioner misconduct in Victoria.

Read more, here.