Insurance in MOtion May 2026

Welcome to Insurance in MOtion! We're excited to share the latest insights and updates with you.
June 5 2026

Another Attempt at Understanding the Reductions in 151Z of the Workers Compensation Act 1987

Tazleem v Certain Underwriters at Lloyds Listed in Annexure “A” [2026] NSWSC 124

By Matthew Skelly, Special Counsel and Michael Down, Partner

The NSW Supreme Court has revisited the interaction between sections 151A and 151Z, raising important questions about double compensation and the recoverability of medical expenses in workplace injury claims.

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Vicarious Liability and Venue Control in Subcontracted Security Arrangements

Ibbett v Debilu Ltd t/as Ravesis on Bondi Beach [2026] NSWDC 129

By Louise Cantrill, Partner, Tamara James, Associate and Melanie Farry, Lawyer 

This decision examines liability in complex subcontracted security arrangements, providing important guidance on venue control, vicarious liability and the consequences of inadequate pleadings.

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A Public Authority Will Not Be Found Liable for Breach of a Statutory Duty Unless Its Conduct Was So Unreasonable That No Reasonable Authority Could Regard It as a Proper Exercise of Its Functions

Dennison v Brisbane City Council [2026] QSC 83

By David Slatyer, Partner, Ellene Eliadis, Paralegal

A recent Queensland Supreme Court decision confirms the significant protection afforded to public authorities under the Civil Liability Act, highlighting the higher threshold plaintiffs must meet to establish liability

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Whether the Injured Plaintiff Was a “Worker” – A Question of Substance, Not Form

Germanotta v CRG Harvesting Pty Ltd [2025] QSC 329

By David Slatyer, Partner and Romy Salmon, Paralegal

This decision reinforces that worker status under the WCRA will be determined by the practical reality of the relationship, rather than corporate titles, business structures or documentary labels.

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Victorian Supreme Court Orders Cross-Vesting in Historical Abuse Claim

Bowring v Prince Alfred College [2026] VSC 260

By Stuart Eustice, Partner, William Gordon, Senior Associate and Henry Van Til, Lawyer

Warning: This article contains descriptions of 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.

The Victorian Supreme Court has provided further guidance on cross-vesting principles, confirming that practical considerations such as witness location, governing law and the place of the alleged wrongdoing remain central to determining the appropriate forum.

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No Safe Harbour: High Court Confirms Shipowners Cannot Escape Liability for Wreck Removal Costs

CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2026] HCA 15

By Maurice Lynch, Partner and Madu Dhnaker, Paralegal

In a landmark maritime decision, the High Court confirmed that wreck removal costs fall outside Australia’s limitation of liability regime, increasing potential exposure for shipowners and their insurers.

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A Snapshot of Registered Health Practitioner Misconduct in Victoria

By Stuart Eustice, Partner and Zoe Vlahogiannis, Associate

A snapshot of registered health practitioner misconduct in Victoria.

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