Sign in
Australia Source-linked decisions Coverage checked

Australia Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Australia decisions

Decisions matching the current search

Clear filters
Administrative law

Khanna v Insurance Australia Ltd

Khanna v Insurance Australia Ltd [2025] NSWSC 33

The Court dismissed judicial review challenges to four medical review panel certificates, finding no jurisdictional error or error of law on the face of the record.

  • Judicial review
  • Medical assessment
  • Review panels
  • Error of law
  • Jurisdictional error
  • Motor accidents compensation
Read case analysis
Tort law

Gause v Alderson

Gause v Alderson [2024] NSWCA 312

The NSW Court of Appeal dismissed the landlord’s appeal and allowed the cross-appeal, finding negligence over a smoke alarm and rejecting the intoxication reduction.

  • Negligence
  • Landlord's duty of care
  • Residential leases
  • Smoke alarm maintenance
  • Contributory negligence
  • Intoxication and causation
Read case analysis
Civil procedure

Commonwealth of Australia v Winston

Commonwealth of Australia v Winston [2024] NSWCA 277

The Court of Appeal held that a proposed amendment introduced a new, time-barred cause of action not arising from substantially the same facts.

  • Amendment of pleadings after limitation period
  • Extension of limitation periods for personal injury
  • Civil procedure act 2005 (nsw) ss 64, 65 and limitation act 1969 (nsw) s 60g
  • Cause of action – same or substantially same facts
  • Prejudice from late amendment
  • Civil-procedure
Read case analysis
Contract law

EXV v Uniting Church in Australia Property Trust (NSW)

EXV v Uniting Church in Australia Property Trust (NSW) [2024] NSWSC 490

The Court refused to set aside a 2008 settlement deed in a historic child sexual abuse claim, finding the settlement was driven by evidentiary weakness, not legal barriers.

  • Applications to set aside settlement/deeds
  • Historic child sexual abuse litigation
  • Legal barriers to compensation
  • Effect of limitation and ellis defences
  • Discretion under civil liability act 2002 (nsw) pt 1c
  • Settlements
Read case analysis
Traffic law

Marshall v O'Flaherty

Marshall v O'Flaherty [2022] NSWDC 502

The District Court granted leave to commence motor accident proceedings out of time, finding a valid PIC application had been made and the delay explanation and damages threshold were satisfied.

  • Motor accident legislation
  • Time limits
  • Federal jurisdiction
  • Diversity jurisdiction
  • District court procedure
  • Extension of limitation period
Read case analysis
Civil procedure

Wacker v Van Dyke t/as Vandyke Racing; Wacker v Dr Albany

Wacker v Van Dyke t/as Vandyke Racing; Wacker v Dr Albany [2022] NSWSC 1020

The court granted an adjournment so the plaintiff could investigate a possible brain injury, and made costs and document-production orders.

  • Adjournment
  • Costs
  • Interlocutory applications
  • Production of documents
  • Pleadings amendment
  • Costs-orders
Read case analysis
Negligence

Amaca Pty Limited v Latz

Amaca Pty Limited v Latz [2018] HCA 22

High Court held superannuation lost in the “lost years” was compensable, but the age pension was not. The appeal on reversionary pension deductions was not reached.

  • Damages
  • Assessment of damages
  • Lost years claims
  • Superannuation pensions
  • Age pension
  • Loss of expectation of life
Read case analysis
Administrative law

AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen

AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229

The Court of Appeal dismissed an insurer’s appeal, holding that a medical review panel committed jurisdictional error by failing to address indirect causation of back injury.

  • Judicial review
  • Motor accidents compensation
  • Medical assessment
  • Causation
  • Jurisdictional error
  • Error of law on the face of the record
Read case analysis
Administrative law

Rodger v De Gelder

Rodger v De Gelder [2015] NSWCA 211

The Court of Appeal dismissed an appeal challenging a medical review panel’s certificate under the MAC Act, finding jurisdictional error in the panel’s handling of causation evidence.

  • Judicial review
  • Medical assessment
  • Procedural fairness
  • Permanent impairment
  • Motor accidents compensation
  • Relevant considerations
Read case analysis
Tort law

Herbert v Clarendon Homes (NSW) Pty Ltd

Herbert v Clarendon Homes (NSW) Pty Ltd [2013] NSWSC 1158

A building-site plasterer succeeded in negligence after a garage door was opened on him. The Court found the contractor and its employee breached duties of care.

  • Negligence
  • Duty of care
  • Vicarious liability
  • Contributory negligence
  • Damages
  • Independent contractors
Read case analysis

About this LexChat collection

Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.