Australia: Trials & Appeals & Compensation

In Masters v Mitchell Shire Council (No 2) [2026] VSC 598, the plaintiff sought damages in the Supreme Court of Victoria for injuries sustained when his motorcycle crashed on a curve along Reedy Creek Road in Tyaak on 25 December 2022.

A Victorian Supreme Court case examines whether a 16-year-old mother's 1968 consent to adopt her newborn son was obtained through coercion by hospital and social welfare institutions. The court must determine if the adoption process breached duties of care under standards that existed nearly 60 years ago, while the plaintiff argues she was prevented from seeing her baby and pressured into relinquishing parental rights.

A Victorian tribunal found a coordinating doctor guilty of professional misconduct after an administrative error in the voluntary assisted dying process led to a patient signing their written declaration without required witnesses present. The case examines the heightened responsibility practitioners face when managing VAD documentation and the disciplinary consequences of failing to ensure strict compliance with procedural safeguards, even when errors are unintentional.

The Supreme Court of Victoria has authorised the Royal Children’s Hospital to administer a stem cell transplant to increase the likelihood of survival for a 15-year-old girl against the objections of both the child and her mother.

The New South Wales Court of Appeal examined whether a $50,000 award for future economic loss to a minor injured in a café accident met the evidentiary requirements of the Civil Liability Act 2002. The decision clarifies the stringent standards courts must apply when assessing damages for children, particularly regarding assumptions about future earning capacity and the need for concrete evidence rather than mere possibilities.

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

Pleading guilty to a criminal offence in Queensland does not automatically result in imprisonment or a recorded conviction. The court considers multiple factors including the offence circumstances, criminal history, remorse, and rehabilitation prospects when determining an appropriate sentence, which may range from fines and community orders to imprisonment.

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.

In the ever-evolving landscape of the building and construction industry, legal practitioners and expert witnesses must remain vigilant to the nuances of expert evidence admissibility. The recent case of Max Build Pty Ltd v Owners - Strata Plan No 54026 highlights the importance of an expert’s qualifications, the reliability of expert reports, the requirements of admissible expert opinion evidence, and the role of legal practitioners in shaping expert evidence.