Australia: Trials & Appeals & Compensation

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.

A recent decision from the NSW Court of Appeal held that Article 9 of the relevant IATA Standard Group Handling Agreement (SGHA) was not a binding arbitration agreement within the meaning of the International Arbitration Act 1974 (Cth). The decision is of importance to carriers and ground handlers operating under that wording, including in international aviation ground handling arrangements.

On 26 June 2026, the Federal Court of Australia delivered judgment in Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited [2026] FCA 832, ordering Mercer Superannuation (Australia) Limited (MSAL) to pay $10.3 million in penalties and $1.2 million in costs.

The plaintiff, a former resident at Nazareth House, sued the Sisters of Nazareth (the defendant) for damages relating to allegations of historical sexual, physical and psychological abuse said to have occurred during her placement at Nazareth House

The New South Wales Court of Appeal recently examined a medical negligence case involving total hip replacement surgery, where the plaintiff alleged inadequate risk warnings...

When a workers compensation claim for psychiatric injury is declined by an employer citing 'reasonable administrative action,' the decision can be challenged beyond the initial tribunal review.

The Supreme Court has confirmed that the threshold for establishing nuisance remains high, and that factual causation will be difficult to establish when there are multiple factors contributing to an incident.

Welcome to our litigation know-how update, where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.

A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.