Australia: Personal Injury

In a landmark decision, the High Court of Australia determined that a non-delegable duty of care may be breached by the intentional conduct of a delegate, overturning longstanding authority of New South Wales v Lepore (2003) 212 CLR 511, which found that a common law non-delegable duty could not arise in respect of harm caused by an intentional criminal act. The decision significantly refines the scope and operation of non-delegable duties in Australian law.

The High Court of Australia has handed down judgment in the much-anticipated decision of CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2026] HCA 15 (The Goliath). It has unanimously dismissed CSL Australia Pty Ltd’s appeal. As such, under Australian law, a shipowner cannot limit its liability for wreck removal expenses under the Convention on Limitation of Liability for Maritime Claims 1976.

Australian CTP Scheme administrators are seeking stricter punishments for fraudulent and misleading conduct, with a recent NSW prosecution resulting in a 16-month prison sentence. The decision highlights a broader shift towards stronger enforcement and a clear deterrent for fraudulent claimants.

When a trauma insurance claim is rejected, policyholders face stress and uncertainty about their financial security. This article examines the three most common reasons...

A personal injury claim is a legal claim for compensation when you have been injured. This may include physical injuries, psychological injuries or a combination of both.

The Supreme Court of New South Wales has dismissed a delayed diagnosis claim against two medical practitioners arising from an alleged failure to diagnose syphilis in 2018. The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW).

This decision illustrates the need to consider not only awards made in comparable claims around the rest of the country, but jury verdicts and defamation cases when assessing the quantum of common law general damages in a personal injury claim.

Injuries on public bus networks are assessed under MACA, not MAIA, allowing damages even for threshold injuries.

A claimant is not entitled to ongoing statutory benefits and/or common law damages if their motor accident only causes them threshold injuries.