Australia: Trials & Appeals & Compensation

Having previously found the defendants liable for contravening s 12DA(1) of the Australian Securities and Investments Commission Act 2001 (Cth), the NSW Supreme Court was tasked with determining apportionment of the plaintiffs’ loss as between the respective defendants

The Supreme Court of NSW heard arguments as to whether a defendant’s insurer could be joined to a nervous shock proceeding and considered whether PTSD could be classed as a 'bodily injury' under the relevant insurance policy.

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights

Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?

Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

This episode examines a Magistrates Court workplace injury case where an executive housekeeper at Daydream Island Resort claimed shoulder damage from pulling a hotel room door shut against wind. The discussion explores how inconsistencies in the plaintiff's evidence—including an unreported 'Dirty Dancing' lift injury five months prior—influenced the court's assessment of causation and foreseeability in this personal injury claim.

Reputation is the essence of an individual’s standing within the community. A person’s goodwill or repute can significantly affect their personal relationships, business prospects, employment opportunities, and overall engagement in society. Damage to reputation, whether through written or spoken statements, can therefore have serious and lasting consequences.

The NSW Court of Appeal’s decision in Tsakirios v State of New South Wales is an important recent authority on the tort of misfeasance in public office. While the appeal was ultimately dismissed, the Court provided significant guidance on the nature and limits of the tort.

This recent Federal Court decision serves as a timely reminder about privilege over third-party investigations and the documents created during such investigations which may be sought in subsequent litigation.