Australia: Insurance Laws and Products

In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.

When seeking legal advice for complaints or referrals, it is important for health practitioners to understand the scope of their Professional Indemnity Insurance (PII). PII generally covers legal defence costs, assistance during investigations, and any damages or penalties that fall within the policy terms. However, most insurance policies contain clauses that prohibit practitioners from admitting liability without the consent of the insurer.

Cooper Grace Ward's workers' compensation podcast examines the District Court case of Sneddon v Petts, where a workplace injury involving a brush cutter on a rural hobby farm raised critical questions about liability and evidence credibility. Special counsel Damien Jarrett and insurance claims adviser Catherine Dugdell dissect the complexities of assessing witness reliability and managing injury claims in unconventional work settings.

In Gawthrop v Bendigo Health [2026] VSC 157, the Supreme Court of Victoria examined the context surrounding informed consent. The plaintiff presenting to hospital in labour was advised to undergo a vaginal examination as part of routine care for admission to the birthing unit.

The Supreme Court of New South Wales has ruled that insurers can deny indemnity and reduce liability to nil when an insured fails to disclose material changes in risk. This case examines how a pharmaceutical manufacturer's undisclosed pivot to hand sanitiser production during COVID-19, involving a fifteenfold increase in ethanol storage, led to a complete denial of coverage following a devastating fire.

When your home is damaged, life is suddenly upended. There’s the immediate stress of staying safe, looking after your family, and protecting your belongings from further harm. The last thing you feel like doing is dealing with paperwork.

The Supreme Court of Victoria has confirmed that where a defendant, in cases brought under section 52 of the Wrongs Act 1958 (Vic), raises a hypothetical counterfactual on the question of causation, the onus is on the plaintiff to prove every element of its own case, including proving that hypothetical counterfactual ought not be accepted.

In this recent decision, the New South Wales District Court held that the Federation Council owed and breached a duty of care despite contracting operations to a third party, awarding damages of $165,000 to the plaintiff and enforcing indemnity obligations requiring Remlap to indemnify the Federation Council for the plaintiff’s claim.

The Queensland Supreme Court has found that that a school did not breach the duty of care owed to an employee by failing to eject an aggrieved parent, by failing to activate a lockdown or by failing to forewarn the employee via telephone of the parent’s presence.