Insurance in MOtion November 2025

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

SA Court of Appeal Confirms Convictions for WHS Prosecution

Cleanaway Operations Pty Ltd v Hanel [2025] SASCA 112

By Grant Mitchell, Partner and Poppy Scaife, Paralegal

The South Australian Court of Appeal has upheld Cleanaway’s convictions following a fatal truck crash on the South Eastern Freeway, reinforcing that employers must go beyond verifying licences to ensure workers are practically competent for high-risk tasks.

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Tribunal Orders Deregistration for Professional Misconduct Involving Boundary Violations and Misleading Conduct 

Psychology Board of Australia v Angelakis [2025] SACAT 72

By Bronwyn Ackland, Partner and Poppy Scaife, Paralegal

The South Australian Civil and Administrative Tribunal has issued significant findings against a health practitioner for professional misconduct involving boundary violations and misleading regulators.

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The Statutory Limitation Period for Personal Injuries Is Three Years, but When Is It Really Too Late?

Ringelstein v Metro North Hospital and Health Service [2025] QCA 188

By David Slatyer, Partner and Tyra Zacka, Paralegal

The Queensland Court of Appeal has clarified when it’s truly “too late” to bring a personal injury claim, overturning a decision that dismissed an application made nearly 19 years after the original injury.

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Statutory Authorities: Nuisance and Negligence 

The Owners – Strata Plan No 16460 v Hunter Water Corporation [2025] NSWSC 1029

By Julia Dyson, Associate and Tara Plumbe, Partner

Mills Oakley successfully secured over $1 million in damages in a landmark nuisance claim against a statutory authority, clarifying the distinction between nuisance and negligence under the Civil Liability Act.

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Victoria’s New Psychosocial Health Regulations 

Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic)(Regulations)

By Sarah Fountain, Partner and Adiam Tsegay, Senior Associate

The Victorian Government has released new Occupational Health and Safety (Psychological Health) Regulations 2025, effective 1 December, introducing stricter requirements to identify and manage psychosocial risks.

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A Forum of Convenience

Statham (a pseudonym) v State of Queensland [2025] VSC 600

By Stuart Eustice, Partner and Gregor Campbell, Lawyer

The Victorian Supreme Court has declined to transfer a case involving alleged historical abuse in Queensland, highlighting the importance of convenience and fairness to plaintiffs in cross-vesting applications.

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Security for Costs

SEC New Line v Muffin Break Pty Ltd [2025] VSC 245

By Stuart Eustice, Partner and Ashleigh Shankly, Lawyer

In a dispute over franchise reinstatement costs, the Court of Appeal reaffirmed a modest security for costs order, underscoring the importance of proportionality in litigation.

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A Snapshot of Registered Health Practitioner Misconduct in Victoria

By Stuart Eustice, Partner and Zoe Vlahogiannis, Lawyer

A snapshot of registered health practitioner misconduct in Victoria.

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