Australia Case Law

AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-NewcastleCitation:[2026] HCA 2Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Feb 2026Case Number:S94/2025Read more

The High Court held the respondent owed AA a non-delegable duty of care and was liable for harm from sexual abuse by a priest. It also addressed Lepore and the Civil Liability Act.

• Negligence
• Duty of care
• Non-delegable duty
• Historic child sexual abuse
• Liability for intentional acts
• Damages limitations

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Hunt Leather Pty Ltd v Transport for NSWHunt Leather Pty Ltd v Transport for NSWCitation:[2025] HCA 53Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:17 Dec 2025Case Number:S20/2025, S21/2025Read more

The High Court held that Transport for NSW was liable in private nuisance for Sydney Light Rail construction impacts and that reasonable litigation funding costs were recoverable.

• Private nuisance
• Statutory authority
• Damages assessment
• Litigation funding costs
• Private-nuisance
• Statutory-authority

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Stewart v Metro North Hospital and Health ServiceCitation:[2025] HCA 34Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:03 Sep 2025Case Number:B10/2025Read more

The High Court held damages could include medical and nursing care in the appellant’s own home, and reasonableness was not limited to a simple cost-benefit analysis.

• Damages assessment
• Medical negligence
• Future care costs
• Personal-injury
• Damages-assessment
• Future-care-costs

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DZY (a pseudonym) v Trustees of the Christian BrothersCitation:[2025] HCA 16Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson JJDate:09 Apr 2025Case Number:M81/2024Read more

The High Court held that s 27QE of the Victorian Limitation of Actions Act does not require the Ellis defence or limitation period to have materially influenced settlement.

• Limitation of actions
• Personal injury
• Child abuse
• Settlement agreements
• Limitation-of-actions
• Settlement-agreements

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Hartnett v Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (No 7)

Hartnett v Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (No 7) [2025] NSWSC 128

The court held the plaintiff had not proved serious physical abuse at a Catholic school, so the child-abuse limitation exemption did not apply and the claims failed.

• Intentional torts
• Child abuse
• Personal injury
• Limitation of actions
• Negligence
• Vicarious liability

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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

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The Game Meats Company of Australia v Farm Transparency International Ltd

The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455

The Federal Court held that repeated trespasses by animal-rights activists justified $130,000 in damages, but refused injunctions and other equitable relief.

• Trespass
• Injurious falsehood
• Damages
• Misleading or deceptive conduct (acl s 18)
• Exemplary damages
• Copyright

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Pafburn Pty Limited v The Owners - Strata Plan No 84674Citation:[2024] HCA 49Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Dec 2024Case Number:S54/2024Read more

The High Court held that NSW proportionate liability can apply to a statutory duty claim under s 37 of the DBPA, and damages are assessed under that regime.

• Negligence
• Concurrent wrongdoers
• Proportionate liability
• Statutory duty
• Economic loss
• Proportionate-liability

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Elisha v Vision Australia LimitedCitation:[2024] HCA 50Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Dec 2024Case Number:M22/2024Read more

The High Court considered whether psychiatric injury from the manner of dismissal was recoverable in contract, whether disciplinary procedures were incorporated, and whether a negligence duty arose.

• Damages
• Breach of contract
• Remoteness
• Employment termination
• Negligence
• Incorporation of terms

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Hardy v Eclipse K9 Security Pty Ltd

Hardy v Eclipse K9 Security Pty Ltd [2024] NSWDC 602

Following a default judgment, the court assessed damages for injuries caused by a dog attack, awarding the plaintiff $460,998.99 plus costs.

• Assessment of damages
• Companion animals act 1998
• Default judgment
• Economic loss
• Personal injury
• Assessment-of-damages

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