Licensed venues face ongoing liability for patron injuries arising from security interactions, with recent NSW decisions confirming that outsourcing security does not discharge a venue’s duty of care and may result in joint liability.
The Federal Court’s decision in ASIC v Nuix Limited clarifies the application of continuous disclosure obligations and materiality in relation to forecasts. In distinguishing Nuix from Brambles, the Court reaffirmed the role of Guidance Note 8, the 5% materiality threshold and robust forecasting processes.
Following the High Court’s decision in Bird v DP, Australian jurisdictions including Queensland, the ACT and Victoria have moved to expand vicarious liability for child abuse to relationships akin to employment, with implications for institutional liability for abuse by non‑employees.
The Brambles decision is the first shareholder class action to succeed at trial on liability and loss, but its significance remains subject to appeal and imminent guidance from the High Court and Full Federal Court.
The FWC has issued the first ever Road Transport Contractual Chain Order to allow parties in the road transport industry to pass on the increased cost of fuel despite existing contracts not including any such provision.
The NSW Court of Appeal’s decision in Davey v Want clarifies that a plaintiff may be honest yet still fail to meet the civil standard of proof, particularly in historic abuse claims where reliability of memory is central. The case highlights the enduring evidentiary and forensic challenges created by delay in civil litigation.
