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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MC v Casa Generalizia Della Societa Dei Missionari D’Africa Detti Padri Bianchi (White Fathers)

MC v Casa Generalizia Della Societa Dei Missionari D’Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658

The Supreme Court of NSW held that the defendant did not breach its duty of care regarding historical child sexual abuse as the risk of harm was not reasonably foreseeable.

• Duty of care
• Breach of duty
• Foreseeability
• Vicarious liability
• Damages
• Negligence

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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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