Australia: Insurance Laws and Products

You receive an urgent email from the CEO requesting a payment be processed before the end of the day. The email looks genuine, the writing style appears familiar, the address is correct and relevant supporting documentation is attached.

Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd [2026] NSWSC 882 considers whether an individual project manager owes a duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW).

The NSW Fair Trading and Building Legislation Amendment Bill 2026 has passed both houses and received assent, introducing significant reforms to building regulation and insurance requirements. Key changes include expanded coverage for Decennial Liability Insurance, enhanced powers for NSW Fair Trading and the Building Commission, and modifications to professional indemnity insurance exemptions for building practitioners. While some provisions take immediate effect, major reforms including the DLI expansion

The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.

Picture two people with the same illness, same diagnosis, same inability to work. One claimant receives the full Total Permanent Disability (TPD) benefit they expected and the second receives noticeably less...

The High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.

Host employer of negligent driver employee not liable for injuries - liability transferred pro hac vice to injured worker’s employer.

The first plaintiff, Sphere Healthcare Pty Ltd was part of the Aunew group of companies (Aunew Group) and Sphere had been manufacturing therapeutic goods for years at a factory which it leased from Yes Family Pty Ltd, itself a member of the Aunew Group (YF).

The Supreme Court of Victoria ruled that parties were bound by a settlement deed sent unsigned by the defendants' solicitor and subsequently executed by the plaintiffs’ solicitor, even though the defendants ultimately refused to sign.