Case notes

Case notes

AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle

The High Court has reshaped institutional liability by confirming that organisations caring for children and other vulnerable individuals owe a non-delegable duty that can render them strictly liable for intentional criminal acts committed by their delegates, regardless of the systems or safeguards they had in place.

Luke Geary, Sonya Parsons

Case notes

Tribunal finds conflicting capacity advice no excuse for solicitor’s slow compliance

QCAT has delivered a decision touching on the professional obligations binding practitioners when matters involve a client with borderline or otherwise declining capacity.

Matisse Fennessy

Case notes

Practitioner struck off for trust conduct

QCAT has recommended the removal of a solicitor’s name from the roll following a finding of professional misconduct.

Case notes

‘Novel’ case draws reprimand

A practitioner has been reprimanded for failing to exercise ‘appropriate forensic judgment’ by filing an affidavit that included explicit material.

Case notes

Hendry v State of Western Australia

This case provides an interesting addition to the evolving conversation on the significance of social media and its place in the courtroom.

Matisse Fennessy, Grace van Baarle

Case notes

Maclean v Brylewski

The Federal Court has considered several ethical issues regarding conflicts and the inherent jurisdiction of the court.

Grace van Baarle, Matisse Fennessy

Case notes

Clarification in definition of ‘an institution’ in charity exemption

The Court of Appeal has clarified an issue that has concerned some members regarding the Queensland Revenue Office’s interpretation of the definition of 'institution'.

Emeritus Professor Myles McGregor-Lowndes

Case notes

Victorian Legal Services Commissioner v Knight (Legal Practice)

The tribunal made fourteen findings of professional misconduct against the respondent and recommended that his name be removed from the roll.

Case notes

Court grants women right to trial

A decision by the Full Court has provided opportunity for the Federal Court to clarify the rights of passengers travelling across different countries and legal systems.

Jemma Barnard

Case notes

Decision shows importance of formality

Practitioner failed to attend three hearings and used informal language in court communications.

Sarah Millar

Case notes

Solicitors’ Common Fund Orders ruling

Kain v R&B Investments Pty Ltd [2025] HCA 28

Ashley Hill

Case notes

Alarm unrelated to driving

Van Der Wolf v TAC [2025] VSCA 24

Candice Heisler

Case notes

No real risk of disclosure

The wife had previously attended a law firm for an initial consultation, before that firm was retained by the husband.

Sarah Millar

Compensation law

Fleeing driver collides with plaintiff

The accident occurred when a Subaru Impreza, fleeing police at high speed, attempted to overtake the plaintiff’s Subaru WRX and collided with its driver’s side.

Beth Rolton