Insurance in MOtion May 2025

Welcome to Insurance in MOtion! We're excited to share the latest insights and updates with you.
May 1 2025

An Insurer’s liability for Interest (Section 57 Insurance Contracts Act) – the latest

By David Slatyer, Partner and Ella Spinks, Graduate 

On 7 March 2025, the Federal Court of Australia ruled in favour of WSP Structures Pty Ltd (WSP), holding that Liberty Mutual Insurance Company trading as Liberty Specialty Markets (Liberty) were liable to indemnify WSP for interest on defence costs (and were liable for all costs of the referee who determined the defence costs).

Read more here.

Causation and expert evidence in professional negligence claims – Busa v Sydney Eye Hospital

By Louise Cantrill, Partner and Melanie Farry, Graduate

In a recent decision of Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital [2025] NSWSC 130, the Court found that the Defendant did not breach their duty of care to the Plaintiff in their provision of medical treatment, largely on the basis that the procedure was carried out in a way consistent with standards widely accepted by peer professional opinion in Australia.

Read more here.

Purchasing a Kmart dress between appointments, does this give rise to “in the course of your employment” – Oz Shut Pty Ltd v Hilton [2025] WADC10

By Rebecca Roberts, Partner and Bronte Tanna, Graduate

The District Court of Western Australia dismissed an appeal by an employer (Oz Shut), upholding the decision of the Arbitrator that a sales representative (Ms Hilton), who had sustained an injury while shopping during her journey to a sales appointment, was injured ‘in the course of her employment’.

Read more here.

Don’t Waste the Court’s Time: Considerations Regarding the Admissibility of Supplementary Expert Evidence – Hartfield v Calvary Healthcare ACT Ltd (No 3) [2024] ACTSC 137

By Lisa Quilty, Partner 

The plaintiff commenced proceedings in the ACT Supreme Court against Calvary Healthcare ACT (Calvary) seeking damages for medical negligence in relation to her assessment, diagnosis and treatment by the defendant when experiencing an ectopic pregnancy in 2019.

Read more here.

The Goliath Decision: No Hiding from Wreck Removal Liability in Australian Waters – Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd [2025] FCAFC 53

By Maurice Lynch, Partner and Rose Seone, Paralegal

The Full Federal Court recently handed down its decision in Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd [2025] FCAFC 53 clarifying a critical issue under the Convention on Limitation of Liability for Maritime Claims 1976 : can a shipowner limit its liability for wreck removal expenses in Australia?

Read more here.

Spotless Facility Services Pty Ltd v Victorian WorkCover Authority [2025] VSCA 50

By Stuart Eustice, Partner, and Lidia Martinez-Chavez, Lawyer

In Spotless Facility Services Pty Ltd v Victorian Workcover Authority [2025] VSCA 50, the Victorian Court of Appeal was asked to determine whether Spotless Facilities Services Pty Ltd (the Applicant) was liable to indemnify the Victorian WorkCover Authority (the Respondent) for compensation paid to a worker who had fallen during a busy lunchtime period in the Dining Hall of Geelong Grammar School. 

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.